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Judge Judy

Is it normal practice for a Judge to let the Plaintiff attorney write up the ''Orders'' and then send to the Judge for her to approve and sign?
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Yes.  There is nothing improper with that, however, plaintiff's counsel must also provide you with a copy beforehand for your approval as well.   In Florida, it's normally 10 days before submitting the order to the judge for execution.

Alina

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Judge Judy

Thanks, I was not sure.

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Knows About Orders
In many places, sometimes as required by statewide or local rules, parties will submit a proposed order together with applications, motions, petitions, complaints, etc.  When a proposed order is already furnished, the judge upon ruling can simply sign the furnished order.

When such a proposed order does not accompany the matter before the court, a judge may ask the attorney representing the party in whose favor the judge rules to draw up a proposed order for signature.  Typically, the judge expects the prevailing attorney to then circulate the proposed order for approval as to form to the attorneys representing other parties to the case for approval as to form.

The judge generally expects the prevailing attorney to write a clean order without surplusage which was not discussed or agreed to by the court and expects the losing party to approve the form of order which conforms to the judge's ruling.  Agreeing as to form does NOT constitute agreement as to the substance of the ruling and wouldn't waive a right to seek reconsideration or to appeal.

The judge expects the attorneys NOT to quibble and really does NOT want to see the parties a second time on the same matter to work out disputes as to language.

Where the court is ruling on a motion, and the movant furnishes a proposed order, the judge can typically reject the order by just writing overruled on that proposed order.

A litigant is usually well served to come to court with one or more proposed orders reflecting the desired disposition of matters to be argued in court that day.  Bring copies for the judge, the court reporter and opposing counsel.

Having proposed orders has the additional advantage of making it easier for the judge to rule in your favor!  
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Judge Judy

Hmmm...it sure is a strange way of doing things and a wast of time and paper if it dosen't go the way you though.

I was granted protection of a document,,,,but it never got put in the finel Orders.

I'm thinking that the Judge will laugh a me if I did that.

What do you do ''if'' the plaintiff lies to a judge right in front of you?




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The Equitable One
If you're talking about Plaintiff's counsel lying to a judge right in front of you that should be expected as normal behavior.

Also to be expected as normal behavior is for the court to believe anything and everything that comes out of an attorneys mouth, regardless of how obviously questionable or untrue it is, and for the same court to believe nothing that comes out of a pro se litigants mouth.

When it happens find reasonable and legitimate grounds for objection and do so. Making the record by objecting as it happens is important. Being armed with the truth is also a good idea.

I feel a new thread coming on.

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Judge Judy

Thanks!

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   Defendants: Don't forget to hire a Court Reporter for your hearing!
If you don't do this, you are at the mercy of the Judge and the plaintiff's
attorney, and if they don't follow the law or procedure, you're screwed
because you need the transcript in order to appeal!
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Judge Judy

Mike H wrote:
   Defendants: Don't forget to hire a Court Reporter for your hearing!
If you don't do this, you are at the mercy of the Judge and the plaintiff's
attorney, and if they don't follow the law or procedure, you're screwed
because you need the transcript in order to appeal!


You are Right about that.


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arichardss
Well we just found out that emc put an order before the judge to extend pendency for THREE MORE YEARS and the Judged Granted and my attorney was NEVER notified.. We only found out by checking the folder at the courthouse.

Now tell me how a judge allows this? Do they asked if the party has been notified
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Sara
Arichardss:  Do what???  3 years just to hang out there with no finalization? 

I sure hope your attorney doesn't just "go with the flow".  He needs to be asking some serious questions!

S
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Digger
Quote:
What do you do ''if'' the plaintiff lies to a judge right in front of you?


OBJECT, OBJECT and OBJECT!!!  Then prove they lied.

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