July 2, 2007 By Wallin & Klarich

At the end of an evidentiary or argumentative hearing, the judge makes a final decision with findings and makes court orders. As you have probably noticed, sometimes these hearings can be confusing, tense, and even chaotic, with people talking over one another.

When this happens, it is easy for the parties, the lawyers, and even the judge to lose themselves in the conversation. When a judge gives orders in this type of atmosphere, it can be sometimes difficult to know what it is precisely that the judge ordered. Sometimes judges give orders along with recommendations. When this happens, again, it can be difficult to know what has been ordered, and what has been merely recommended to a party by a judge. Sometimes people don’t know what the judge ordered simply because they weren’t paying attention or because they didn’t write it down and just forgot.

At the end of the hearing, a judge will oftentimes ask one of the lawyers to write up a sheet of paper representing the findings and order of the court. Of course, the lawyer can only do this if the lawyer knows what the findings and orders were. What do you do if you think the lawyer is wrong about what the court ordered?

In situations such as above, the Local Court Rules should be able to guide you in the steps you need to follow. You need to make sure that both parties know exactly what it was the court ordered. It may be necessary to get a copy of the transcripts taken at the hearing. The other party should also get a copy of the transcripts. This way, you and the other party may have a chance to agree on what the outcome of the hearing was. If not, you will have to send the transcripts back to the judge and have the judge clarify what the orders were at the end of the hearing.

It is important to get it right the first time. Getting it wrong could be the difference in hundreds or even thousands of dollars down the line. Don’t let this happen to you. Make sure you get it right the first time around. Having an organized, prepared, and smart lawyer can help you make sure everyone knows what the judge orders in your case. To speak with a lawyer about your situation, contact Wallin & Klarich.

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