Legal Question in Family Law in California
can a judge write his judgement word for word from the attorneys written closing arguement? and then after objections to judgement, overrule and write in min order to have the same attorney rewrite the judges judgement to inclued the same attorneys disagreements to the objection of the judgement.
ahh..is the judge job to write and resurce the case all by himself with his own findings?
thank
Challen
2 Answers from Attorneys
It is common for a family law attorney to prepare an order and if there is no objection, the judge will sign it and it will become the court order.
Even if there is an objection, it is not uncommon for a judge to sign the judgment prepared by the prevailing attorney. One of the key problems with the procedure is to make sure the objections to the judgment are filed. I have seen cases where objections were served on the attorney who prepared the proposed judgment or order, and then that attorney never filed the objections or made any corrections to the proposed judgment.
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