What if the Order Misstates the Judge’s Legal or Factual Conclusions or Ruling?
Opposing Party can File and Serve a Written Objection to the Form of an Order – After the judge makes a ruling on a motion or complaint, the court may prepare its own order or judgment, or the court may have one of the parties submit a proposed form of order or judgment. If the motion or complaint was opposed or otherwise contested by another party, and the proposed form of order or judgment was lodged by one of the parties, the other party ordinarily has seven (7) days to review the proposed order or judgment. If the opposing party thinks that the wording of the proposed order or judgment does not accurately reflect the judge’s legal and factual conclusions or some other part of the ruling, that party must immediately file and serve an objection to the form of the order and can submit a proposed new form of order. The party who intends to file the objection should notify the judge’s staff and make sure that the judge receives a copy of the objection within the seven (7) day deadline.
