Regarding: You Received an Order from the Court at a Hearing; Now What?
This is a letter explaining what happens now that you received an oral Order from the Court at a hearing. This letter is a general explanation of the process and not necessarily specific to your case. If you would like greater explanation regarding this process, please, feel free to call us and ask any questions you may have. We will be happy to speak with you.
As you know, Orders were given orally at the hearing. Orders do not have to be written down to be operable and enforceable. This means everyone has to abide by the Orders given at the hearing, even if they are not written down. Admittedly, it can be difficult to remember everything ordered at the hearing. If you have questions about any aspect of the Orders, give us a call.
If you remember, one of the attorneys was tasked with writing down the Orders. Once that attorney drafts a proposed order, he or she will email it to the other attorney (or other party if that party doesn’t have an attorney) for the attorney’s review and approval. The other attorney will have seven days to review the proposed order and suggest corrections if any are necessary. If changes need to be made, then they will be made and another draft circulated for approval. Once everyone agrees the proposed order accurately reflects the Orders of the Court, it will be sent to the Court for the judge’s signature. Once the judge signs the Order, you will receive a signed copy.
If there is a serious disagreement about the proposed order (i.e., it doesn’t reflect what the Court said), then one side will file a motion with the Court, stating why the proposed order is wrong. When this happens, the Court can either accept the proposed order if it finds the language correct, or it can rewrite the proposed order to accurately reflect what the Court said. Sometimes, if the objections are really complicated, the Court will ask for a hearing to discuss the issues. (This doesn’t happen often.)
In most cases, the time between the hearing and when the judge signs the Order is usually about one month. It takes this long because of the back-and-forth nature of the drafting process. So, if you don’t see the signed Order for a while, don’t worry.
You will not be asked to approve a proposed written order before it is sent to the other attorney or party. This is because there is nothing for us to approve: the Order of the Court has already been handed down and it is what it is. We cannot add to it or take away from it. If you do not agree with the Court’s decision at the hearing, then we will have to file an objection. We cannot, however, change anything about the Order in the drafting process. The drafting process is really a procedural process handled between the attorneys.
Hopefully, this letter has helped explain how an oral order becomes a written order. If you have any questions regarding your case, please call 801-685-9999.
/s/ Marco Brown