Legal Question in Civil Litigation in California
proposed orders
I filed a proposed order with my notice for osc, proof of service, etc.
Since i was using Cal Practice and Pleadings as a guide, I stated
plaintiff appeared in pro per and that the defendant appeared pro
per.
Problem: What if the defendant doesn't show at all or has counsel?
How do I ask the court if I can amend/revise order and then how do
I do it?
note: this is NOT family court
2 Answers from Attorneys
Re: proposed orders
Many judges will simply ask you to cross out the incorrect language and write the correction by hand. Others will ask you to re-draft the proposed order, show it to the other side, and resubmit it.
Your bigger concern should be what happens if the judge won't order what you want him to. You'll have to change the document as I described above, but the main issue is whether you will get what you want.
Re: proposed orders
Bring a revised order without the opposing party's information, but enough room to write it in if necessary. You might also bring an order with blanks after: "IT IS HEREBY ORDERED THAT" just in case of a ruling other than what you are expecting. I've had judges order me to give notice of rulings adverse to my party's interests.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
