How Do I Get the Court to Write an Order?

When a party wants the court to order the other party (or both parties) to do something, she must first make a motion with the court, explaining why she wants what she wants, what the facts are, what law applies, and how she wants it enforced. 2.8.17.Andersen.Order

There are a few ways to do this. The judicial website has several forms in its library that apply to various situations. The court likes parties to use these JDF forms when petitioning the court to take an action. The forms include a motion (asking the court to do something) and a proposed order (which the judge would sign if he agrees with the motion). If the judge signs the proposed order, it becomes enforceable by the court.

An example of this is JDF 608 – Motion Re: Exemption from Mediation/ADR Order and 609 – Order Re: Exemption from Mediation/ADR Order, both of which can be found here. The motion (JDF 608) explains to the judge why the party/parties is/are applying for an exemption from court-ordered mediation or alternate dispute resolution (ADR). Reasons may be that the parties attempted mediation but could not reach agreement, or the other party is unwilling to attend, among others. The proposed order (JDF 609) is a form that allows the judge to check a box either granting or denying the motion. If the judge grants the motion, the parties are then exempted from mediation and ADR.

Any party may fill out these JDF forms on their own or through an attorney. If there is no JDF form that fits the situation, the party will need to write a motion and order specific to their situation. There are generic motion (JDF 1314 – Motion for), order (JDF 1316 – Order) and response forms (JDF 1315 – Response to Motion for) on the judicial forms website. There are also instructions on how to file a response (JDF1103I Instructions for Filing a Response).

These can be tailored to specific situations. If there is no JDF specific to the party’s situation, it is recommended that she consult an attorney about what to include in the motion and order or response, or to have the attorney write them for her.

The motion must be filed with the court and served on the opposing party, if the parties are not filing together. If the opposing party does not agree with the motion (and by extension, the order) he has 21 days from the date the motion was filed to respond, unless the court specifies more or less time. If the motion is filed 42 days or less before a trial date, the opposing party has 14 days to respond. The judge will consider both the original motion (with proposed order) and response before making a decision.

For help with motions and orders in your case, contact Andersen Law PC by emailing beth@andersenlawpc.com or call 720-922-3880.

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