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An attorney writes a proposed order for a judge to translate a verbal ruling into a legally binding, signed document
. This document formalizes decisions, such as scheduling, emergency stays, or final judgments, ensuring the ruling is clearly documented for enforcement and potential appeal. It also allows the prevailing party to accurately reflect the court's intent. 
Key purposes for an attorney writing an order include:
  • Formalizing Rulings: Translating a judge's decision made in court into a written, signed document that becomes part of the court record.
  • Defining Relief: Specifying exact details of the judge's decision, such as deadlines, specific actions required, or temporary restraining orders.
  • Facilitating Enforcement: Ensuring that a court order is in a written format that can be enforced by law enforcement or other parties.
  • Providing Appellate Basis: Creating a clear record of findings of fact and conclusions of law, which is necessary for the Court of Appeals to review the decision.
  • Efficiency: Streamlining the process after a judge has already determined how they intend to rule. 
Attorneys may submit these orders either through a "submit order" procedure (for simple rulings) or a "settle order" process (for complex rulings requiring input from the opposing party). 
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Questions & answers
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Question
If I have an objection to the final and proposed order drafted by the opposing counsel, do I need to formally write an objection and file it with the courts and submit it to my ex's attorney as well, or can both parties reach an agreement to modify certain aspects of the final proposed order for the judge to sign? I sent the opposing attorney an email indicating my objection to one of the items in the final proposal and inquired if we could come to an agreement, being aware that I needed to respond to the attorney within 10 days.I discovered a discrepancy in the final proposed order. The minutes indicate that the court denies child arrears to be offset by doctor payments, but I recall the judge informing the court reporter that child arrears were to be offset by doctor payments. A stipulation was made between both parties a year ago stating that arrears would be offset by doctor payments. I have been making the doctor payments for the past year based on this agreement with my ex. It simply doesn’t make sense that the judge did not permit this, and I strongly believe there was a typo made by the court reporter.
Answer · 0 votes
Hello. I am an attorney. Yes, if you have received a proposed order and there are errors, you can object. If the opposing counsel sent it to you for review (which should happen) before submitting it to the court, you can then contact that attorney to provide your corrections or objections and request that changes be made prior to sending it to the court. You can do this via email or letter. Since you have already done so by email, if you do not receive a response indicating that the change will be considered or if the attorney refuses, then a formal letter stating your belief that this is incorrect may be necessary, and you could be compelled to file a motion to reconsider if it remains unchanged. If the proposed order has already been submitted to the court, you should send your objections in a letter to the court, copying the opposing attorney with those objections and requesting that changes be made to ensure the order is accurate and correct. If the court reporter provided a transc…
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