A case not out of position? (8)
I believe the answer is:
instance
'a case' is the definition.
('instance' can be a synonym of 'case')
'not out of position?' is the wordplay.
'not out of' becomes 'in'.
'position?' becomes 'stance' (stance is a kind of position**).
'in'+'stance'='INSTANCE'
(Other definitions for instance that I've seen before include "Canniest (anag) - occurrence" , "Exemplify" , "Particular example" , "Particular case; cite" , "Occasion" .)