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The phrase "out of Order" came from Parliamentary procedures adopted in England to provide a sense of order to meetings of the law making body.
Rules were devised to determine which member of parliament would be allowed to speak at any given time. A scribe named Roberts codified the rules ultimately agreed upon, and these rules exist today, known as Robert's Rules of Order.
When an MP (member of parliament) was speaking on the house floor, anyone who interupted him would be considered "out of order". The order would be set by the parliamentary clerk, and this was to keep people from interupting one another.
If an MP was not on the daily roster to speak, he nevertheless could request the rioght to address the parliamental body between speakers. Only persons granted leave to speak were technically recorded (written in the record) and the Rules of Order, therefore, practically eliminated interuptions as well because if someone wanted to have their words noted for the record, they had to be recognized. If a member was "out of order" not only would he be shouted down bu5t his comments would not be taken down.
Courts subsequently adopted the phrase to apply to any person who interrupted the judge, one of the lawyers or a witness.
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