Draft order
What is a Draft Order?
The order is generally the final step in a motion or trial. You need to create a Draft Order to have the judge’s order formally issued by the court. You must follow the order as soon as the judge makes the order but you cannot enforce it until it is issued. You can also create a Draft Order to obtain a court order to enforce an agreement between the parties.
For motions, the judge will expect you to create a Draft Order for the orders you are asking for. You will be essentially replicating the orders from your Notice of Motion and placing them in a Draft Order. The Draft Order should be uploaded to Caselines for the judge to use at the motion. If the judge signs the Draft Order at the motion, you can can skip the steps detailed below.
What do you submit to the court to have an order issued?
In submitting your draft order, in most situations, you will submit two forms: an endorsement and an accompanying document to show the other side is agreeable (most common is a draft approved as to form and content by the opposing party).
- The judge’s endorsement shows the orders the judge made at the end of the motion or trial.
- The second document shows the opposing party is agreeable to draft order, which can come in many forms. This can include minutes of settlements, written consents, or written agreements as long as it shows the opposing party is agreeable to the draft order. The most common form comes from a draft order you sent to OP to get approval as to form and content. This is a critical document as it shows the judge or adjudicator that this draft order is consented to by both parties. It is important to include everything you want enforced.
Why is it important to have the order issued?
Once the draft order is filed and issued, it will become an order you can have enforced. If you leave out a critical part of your arrangement from the draft order, you will not be able to enforce that part of the arrangement without going back to court.