Summary of Judgement going to Judge for Signature


#1

19.3 No judgment or order shall be presented to a judge until the opposing attorney or Party has had a reasonable opportunity to review it and has been advised of the date when the proposed judgment/order will be presented for signature. A suggested “Verification of Consultation with Opposing Attorney” is Form CCF-7.

Under the local rules in my county, does this not state that the opposing counsel will need to give me a opportunity to review the order, before submitting it to the Judge for Signature? Am I not also, suppose to be given a proposed date that the Judge would be signing this order?

Opposing Counsel’s attorney has listed “Findings of Fact” in the order, that I do not believe the Judge had stated and the Judge is the Trier of the facts. I have not been given the opportunity to review this order before he submitted it to the Judge. What should I do?

Opposing Counsel stated that the Defendant in this case made X amount of dollars which equates to X amount per month. The calculations were wrong by my calculations, and the judge basically stated that “it was not relevant” what he made, but that he had several jobs that he made over and above the amount of the order and he “could have” paid the full supported amount, which “she” considers “willfull”. The judge also stated that this was in his own handwriting.

Could these “Findings of Fact” be used against me when he tries to modify them,“if the judge signs this order”.?


#2

Yes, you should be given a copy of the proposed order as well as a notice of hearing which specifies when the order will be presented to the judge. You may submit a motion which contests the order if you do not agree with the contents.