Legal Question in Family Law in California
It's been more than 2 months since the Statement of Decision was issued. I'm wondering how long does it take to get the judgment?
1. Statement of decision issued in mid September.
2. Winner's attorney asked to draft the judgment but opposing attorney didn't agree.
3. In late October, winner's attorney sent draft of judgment to the judge listing the other attorney's objections and asking the judge to decide on the final form of the judgment or to schedule a time to hear the arguments.
4. A few days later the other attorney also sent a draft of the judgment asking the judge to accept their version.
5. There has been absolutely no response from Judge yet.
Q: What is the expected time for the judge to sign a judgment? What can be done to expedite it?
Any information would be appreciated. Thanks.
2 Answers from Attorneys
Judges are required to act on matters under submission in 30-days or the Presiding Judge is supposed to ask them why they have not acted. As long as they can explain to the PJ why they have not acted, they can take as long as they want. In practice, PJs often don't follow up for 60 days or more. Depends on the county. Your attorney can contact the PJ, with a copy to opposing counsel, but that is not always a very good idea, since it may get the trial judge in hot water while he or she is considering your disputed form of judgment.
I would suggest looking at the local rules of the court where the case is pending, to determine what procedure and time frames govern submission of family law judgments and orders.
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