Legal Question in Civil Litigation in California

Re: Are orders without judge's signature valid?

The order with the rubber stamp is called the "conformed" copy. The clerk stamps this copy and gives it to the attorney or party without an attorney.

The signed order is in the file. If you go to the courthouse, you can usually obtain a copy of the signed order, at 50 cents per page.

If you violate the injunction, you can be held in contempt of court. In most situations, an injunction is an appealable order, pursuant to Code of Civil Procedure section 904.1 subd. (a)(6).

Very truly yours,

Re: Are orders without judge's signature valid?

It is valid. Most judges have stamps that their clerks use to sign the copy of the order.

The original signature is likely in the court file.

If you violate the injunction, you can be held in contempt, which means financial penalties and/or jail.

Re: Are orders without judge's signature valid?

Of course it is valid. Ignore it at your peril.

Re: Are orders without judge's signature valid?

The response from my colleague Mr. Roach is completely correct. Using the judge's name stamp to provide a conformed copy of an order is a very common practice. The original order is on the Court's file.

Technically, you don't even need to be served with a copy of the order in order for it to be valid. To be held in contempt of the court, the opposing party must provide 4 elements: (1) existence of a valid order; (2) your knowledge of the order; (3) ability to comply; and (4) willful disobedience. The most common way of proving knowledge is to have a process server hand delivery a copy of the order, but your presence in court when the order is made is sufficient to establish knowledge.