Post by Jim on Sept 8, 2010 16:09:44 GMT -5
When you're in court - plaintiff or defendant - the goal is always the same: Court Orders
The most important order is the Final Judgment, but in most cases there will be many other orders resulting from motions and hearings on various issues, such as forcing discovery or arguments about evidence, etc.
If you aren't careful, orders will be corrupted!
Many judges do not prepare their own orders. You must volunteer to "prepare the order" at the conclusion of each and every hearing. If you don't, the other side may write the proposed order to say things the judge did not order!
In general, courts allow the prevailing party to write the proposed order. If you win the motion, you should be the one to write the order. If the other side wins the motion and is directed to write the proposed order, you must do the following:
"Your Honor. I move the Court to order my opponenet to provide me a copy of the proposed order before submitting it to you for your signature, so I can compare it to the transcript of this hearing for accuracy."
Another reason why you must have a court reporter at every hearing!
If you are paying a lawyer, make certain your lawyer is writing the orders and that they say exactly what the judge said. Don't let your lawyer wimp out on you.
If you are pro se the court may be disinclined to let you prepare orders, so come to court with orders already prepared and hand them to the court at the end of the hearing!
Orders are actually very simple. The standard language may sound complicated, but it really is simple:
______________________________
After all, it is Orders we seek when we go to court. If you allow the other side to get the judge to sign orders that do not reflect what the court actually ordered, you might as well give up before you begin!
The most important order is the Final Judgment, but in most cases there will be many other orders resulting from motions and hearings on various issues, such as forcing discovery or arguments about evidence, etc.
If you aren't careful, orders will be corrupted!
Many judges do not prepare their own orders. You must volunteer to "prepare the order" at the conclusion of each and every hearing. If you don't, the other side may write the proposed order to say things the judge did not order!
In general, courts allow the prevailing party to write the proposed order. If you win the motion, you should be the one to write the order. If the other side wins the motion and is directed to write the proposed order, you must do the following:
"Your Honor. I move the Court to order my opponenet to provide me a copy of the proposed order before submitting it to you for your signature, so I can compare it to the transcript of this hearing for accuracy."
Another reason why you must have a court reporter at every hearing!
If you are paying a lawyer, make certain your lawyer is writing the orders and that they say exactly what the judge said. Don't let your lawyer wimp out on you.
If you are pro se the court may be disinclined to let you prepare orders, so come to court with orders already prepared and hand them to the court at the end of the hearing!
Orders are actually very simple. The standard language may sound complicated, but it really is simple:
______________________________
CAPTION OF THE CASE
THIS CAUSE having come before the Court upon the motion of Danny Defendant for an Order directing the plaintiff to produce copies of his bank statements for the past six months, and the court having heard argument of the parties, reviewed the file, and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that:
1. The defendant's motion is granted.
2. Plaintiff shall have 10 days from the date hereof to produce his bank statements for the past six months.
DONE AND ORDERED at Austin, Texas this 7th day of September, 2010.
Signature of Judge
_______________________________
THIS CAUSE having come before the Court upon the motion of Danny Defendant for an Order directing the plaintiff to produce copies of his bank statements for the past six months, and the court having heard argument of the parties, reviewed the file, and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that:
1. The defendant's motion is granted.
2. Plaintiff shall have 10 days from the date hereof to produce his bank statements for the past six months.
DONE AND ORDERED at Austin, Texas this 7th day of September, 2010.
Signature of Judge
_______________________________
After all, it is Orders we seek when we go to court. If you allow the other side to get the judge to sign orders that do not reflect what the court actually ordered, you might as well give up before you begin!
