when a judge orders an attorney to create order what time period expected?

When does a judge’s ruling become a valid order?

Aug 06, 2013 · 5 attorney answers. Posted on Aug 6, 2013. There is no set time. I have seen it as quick as 3 days and as long as 3 months. It depends mostly on how busy the Judge is. I genrally calendar a reminder to follow up in 30 days, and usually it gets done before then.

How long does it take for a judge to rule?

Oct 09, 2013 · Even a signed but unfiled order is still unenforceable. That is because the order does not become valid until it is actually filed with the clerk’s office. “An order is not final until it is entered by the clerk of court; and until the order or judgment is entered by the clerk of the court, the judge retains control of the case.”. Bowman v.

How do you ask a judge to issue an order immediately?

Jun 16, 2012 · The Judge Final Judgement was in April and we went back to court for a 10 day Admendment in May. The Judge ordered my attorney write up everything. It is June and nothing has been done. How long does a Attorney have to write up everything that was ordered by the Judge. And also am I still under the Temp Order until everything is written up.

What is a a court order?

Answer (1 of 8): There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket.

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What is a sanction in court?

When does a judge rule without hearing?

He will only rule without a hearing when it is a matter of law. In other words when there is no reason to hear argument and he can decide based on the facts before him.

Why is it important to have an order filed before it can be enforced?

Requiring an order to be filed before it can be enforced is also important because it preserves the right of appellate review. One has the right to seek supersedeas of a judge’s order but the Court of Appeals will not consider supersedeas until the order is filed.

Did Judge decide against hair follicle test?

Judge decided against hair follicle test at the end of court yesterday. And today changed her mind and has issued I take one.

Do you have to file a motion to reduce a sentence?

Yes. He needs to file a motion in the court he was convicted. It’s a motion for “sentence modification” in which he’ll go back before the same judge asking for his sentence to be reduced. I know this based on personal experience. In my case, the judge felt he made the right decision the first time around and denied my motion. It’s worth a shot. You don’t need an attorney although I’d highly recommend it.

Can an attorney advise a client without a signed order?

Without a signed order it impossible for an attorney to advise a client exactly what his or her legal rights and obligations are. Even a signed but unfiled order is still unenforceable. That is because the order does not become valid until it is actually filed with the clerk’s office.

2 attorney answers

Most judges give a deadline to prepare the Order, usually ten days. Call your attorney today!

William Matthew Thompson

You should consult a local attorney so he or she can give you a complete legal analysis of your situation. JMP Law, P.A. Juna M. Pulayya...

How long does it take for a judge to rule?

There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket. At the hearing, the judge may rule immediately or he may take the case under advisement. Most cases under advisement are decided within weeks but some can take months. There is little that can be done about a judge taking a long time to rule. In Louisiana for instance, the judge is supposed to file a monthly report listing the cases under advisement. Also, if

How long does it take for a court to decide a case?

Or the court may take the matter under submission and review the papers and argument before deciding. And that can take days, weeks, or sometimes months.

What to do if a judge is sitting on a motion?

There is little your attorney can do if the judge is sitting on a motion. If it’s a simple time sensitive motion, i.e. for an extension of time, we’ve called the judge’s chambers to ask the judge’s staff attorney or bailiff if a ruling is forthcoming (sometimes there’s a lag between things being posted to the docket and the judge ruling) so we can plan accordingly and/or to make sure the court knows a time sensitive motion is pending. In the case of motions like summary judgment, motions to dismiss, etc., when the judge has sat on it for a long time, we’ve asked for a status conference (kind of a gentle nudge to say, look, your honor, we’re all waiting on you here…). But otherwise, being honest, as an attorney, you don’t want to be seen as badgering the judge, so as frustrating as it is for us to wait, we wait.

How does a clerk for a state court judge work?

So here is how it works from the perspective of a clerk for a state court judge (or in my case D.C.). All parties file their papers with the court and then the judge's clerk will review the paperwork and write a memorandum to the judge explaining what the case is about, the issues the judge needs to decide, what the law is with regard to the issues, and then will make a recommendation to the judge as to what the clerk thinks is the right course of action.

How to file a motion in court?

You file your motion with the court clerk then you take a copy to the judge’s secretary and get the matter put on the next available motion docket. Share all the info with opposing counsel then go argue the motion. There is a motion docket every week, generally.

What is a memo in a court case?

This memo, as well as the underlying paperwork and law, are usually (but not always) reviewed by the judge prior to an oral hearing on the motion so that the judge knows what is going on . Some judges read all the materials closely and come up with questions they would like to ask the parties, some may read just the memos and allow the parties to develop their own arguments at the hearing with the judge asking questions as the argument is developed. After the hearing, the judge may make a decision without reviewing the documents further, or may take some time to re-read the materials and see what he thinks the best outcome will be. Then the judge usually assigns the clerk that wrote the memo the task of drafting a decision or order that implements his decision. Then there is a back and forth between the judge and clerk until the decision is ready for signing. All of these activities vary from judge to judge; some are more hands on and write decisions themselves, some delegate quite a bit, but all of them in the end take responsibility for what goes "out the doors" of their particular chambers.

How long is the response time for a court case?

Usually the lower end of the response time is 7-days, and the upper end of the response time is 30-days. The other side can also request an extension of time, pushing the response date out even further. Until the response time has run, the judge shouldn’t make a ruling.

What is a court order?

In general, a court order is a legal way to change the procedures of a public body or to limit a person’s Constitutional rights. There is a process for getting a judge to consider and write court orders, which can be issued regardless of criminal or civil proceedings.

What are the different types of court orders?

Types of Court Orders. Court orders may be temporary (interim, during a proceeding), permanent (the final decision of the court at the conclusion of a trial), or emergency. subpoenas. warrants. restraining orders. protection orders. search warrants. cease and desist. summons.

How long does a restraining order last?

Things like divorces, child support, custody, and other family court matters are final and binding yet may be renegotiated. Restraining orders may last a year, and are likely to be revoked following a trial that acquits the defendant. Orders to surrender firearms may be appealed for reinstatement.

How to get a temporary court order?

However people frequently need court action faster than a trial can provide. A motion for a temporary court order may be filed within a trial or before a trial. Typically, these requests are made through the clerk of court and may be considered immediately by a magistrate or a judge . The public prosecutor may also submit the motion at the time of an arraignment (the first court hearing after an arrest). In civil court, seeking an injunction is the same as a motion for a court order as an injunction is an order for someone to take action (start or stop).

What are some examples of court orders?

For instance, a person may be arrested for domestic violence, perhaps for hitting or threatening a spouse. The spouse may be in danger while waiting for the charges to be processed and a trial to take place, which can be a year in the future.

Why is email allowed in court?

Massachusetts Supreme Judicial Court issued an order allowing email to be used in official judicial matters to reduce the spread of a dangerous virus. Florida court orders requiring convicted felons to pay court costs before being allowed to vote is a hotly contested issue as court costs are not well accounted for.

What is the penalty for disregarding a court order?

Court orders must be taken seriously; the penalty for disregarding a court order can be jail time for contempt of court.

What is a reasonable time to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.

What is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

Why do judges frown upon continuances?

Because continuances delay the resolution of a case , judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.

What is a continuance in a trial?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Why do attorneys request continuances?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.

How to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.

When do courts grant continuance?

It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.

How long does it take to file an objection to a magistrate's order?

This amendment is intended to eliminate a discrepancy in measuring the 10 days for serving and filing objections to a magistrate's action under subdivisions (a) and (b) of this Rule. The rule as promulgated in 1983 required objections to the magistrate's handling of nondispositive matters to be served and filed within 10 days of entry of the order, but required objections to dispositive motions to be made within 10 days of being served with a copy of the recommended disposition. Subdivision (a) is here amended to conform to subdivision (b) to avoid any confusion or technical defaults, particularly in connection with magistrate orders that rule on both dispositive and nondispositive matters.

Why do magistrates have to give 10 days to respond to objections?

The rule fixes a 10-day period in order to avoid uncertainty and provide uniformity that will eliminate the confusion that might arise if different periods were prescribed by local rule in different districts. It also is contemplated that a party who is successful before the magistrate will be afforded an opportunity to respond to objections raised to the magistrate's ruling.

What is the role of a magistrate judge?

A magistrate judge must promptly conduct the required proceedings when assigned, without the parties’ consent, to hear a pretrial matter dispositive of a claim or defense or a prisoner petition challenging the conditions of confinement. A record must be made of all evidentiary proceedings and may, at the magistrate judge's discretion, ...

What is a pretrial order?

Magistrate Judges: Pretrial Order. (a) Nondispositive Matters. When a pretrial matter not dispositive of a party's claim or defense is referred to a magistrate judge to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision.

What is a record of evidentiary proceedings?

A record must be made of all evidentiary proceedings and may, at the magistrate judge's discretion, be made of any other proceedings. The magistrate judge must enter a recommended disposition, including, if appropriate, proposed findings of fact. The clerk must promptly mail a copy to each party. (2) Objections.

What does a district judge do?

The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.

What is the last sentence of subdivision A?

The last sentence of subdivision (a) specifies that reconsideration of a magistrate's order, as provided for in the Magistrates Act, shall be by the district judge to whom the case is assigned. This rule does not restrict experimentation by the district courts under 28 U.S.C. §636 (b) (3) involving references of matters other than pretrial matters, such as appointment of counsel, taking of default judgments, and acceptance of jury verdicts when the judge is unavailable.