Wednesday, May 21, 2014

RE: "The proposed order is the term for the unsigned order prepared by one party that you are objecting to. If the other side will not meet ...

Question

RE: "The proposed order is the term for the unsigned order prepared by one party that you are objecting to. If the other side will not meet and confer and work it out, then you need to follow the steps in part e of Rule 5.125. If the court has signed an order that does not comply, you are going to have to file a motion."

Exactly, what Motion do I file in Family Court?



Answer

A request for order. You really need an attorney to assist you on this important procedural issue.



Answer

If the court has signed an order that does not comport with the ruling of the court, then you need to immediately file a motion to correct the order pursuant to Code of Civil Procedure section 473. There are no forms for a motion like this, and I urge you to seek legal assistance with the preparation and filing of that motion.



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