Two orders signed about the same issue


#1

I have a case where one lawyer was tired of trying to work out the terms of an order.

That lawyer sent thier order to the judge asking for it to be reviewed and signed if it met the terms of the ruling. They went on to say that they notified the other to send one as well.

The Judge signed it.

The other lawyer sent the other order to the judge asking for the order to be considered.

The Judge signed it also. (about a week later)

From there both lawyers seem to believe it was a mistake, perhaps the Judge just signed them without reading them.

both lawyers have filed Rule 60 now.
Both orders contain things not ordered in court because the judgement was vague.

Have you ever seen this before? Will the Judge be offended by the suggestion they sign things without reading them? In the Rule 60 hearing what do you suspect will happen?


#2

I have not personally seen a judge sign two different orders in any one case. The judge should certainly not be offended by the motions filed as this issue needs to be corrected immediately. In the motion hearing the judge will likely review the differences in the orders and make a decision as to which provisions will be included in the final order.