Legal Question in Civil Litigation in North Carolina

quick question: could wrong dates on Order invalidate Order?

A judge who created an Order signed and dated the Order 1/2/2005, however, it was Filed on 1/1/2005 (before it was signed). Will this invalidate the Order?

Thanks


Asked on 2/03/05, 8:30 pm

2 Answers from Attorneys

Timothy Burch Burch Law Office

Re: quick question: could wrong dates on Order invalidate Order?

it does not invalidate the order in my opinion

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Answered on 2/03/05, 8:35 pm
John Kirby Law Offices of John M. Kirby

Re: quick question: could wrong dates on Order invalidate Order?

Fascinating question. I think the other responder is correct. It makes no sense obviously that it was filed before it was signed. It makes me wonder if he simply wrote the wrong date on the order; or if conceivably the clerk's stamping machine could be wrong. It's probably "no-harm no foul." It is worth noting for purposes of an appeal, and perhaps other purposes, an Order is "entered" when it is filed, served and signed (all three required).

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Answered on 2/03/05, 8:42 pm


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