Legal Question in Family Law in Oregon

Re: When does an order take effect?

QUESTION:

When a judge makes a ruling on a case, does it take effect immediately or does it have to be typed and signed first?

ANSWER:

Legally, a judge�s oral pronouncement or decision from the bench does not constitute a judgment --- and is not legally effective --- until it is reduced to written form, signed by the judge, and entered into the court�s registry.

BUT ---- from a practical standpoint, parties who intentionally disregard or disobey a judge's oral pronouncement or ruling risk incurring the wrath of the judge (and possible contempt of court charges). Most judges, when rendering an oral pronouncement in open court, expect everybody to "obey orders" (even though a written document has not yet been signed). It is generally not a smart thing to do to play games with the court. Sometimes, practicality takes precedence over legality.

LDG