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Filing an Order without my Approval

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  • Filing an Order without my Approval

    Can my ex's lawyer file the order from the judges's endoresement without my approval on content? How can I make sure that this does not happen. He sent me the draft order for my approval and I sent him a couple of changes that I would like to have before I sign off on it. Can he just file it at the court without my knowledge or approval?

  • #2
    I would be careful, that is EXACTLY what happened in my partner's case!

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    • #3
      does anyone know how to prevent it from happening?
      What is the exact process for filing the order once it has been approved? I believe in the past I have seen an affidavit of service provided with the order. Does my signature have to be anywhere on the document for approval?

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      • #4
        You should ask to see a copy of the Judge's endorsment.
        It is a practical matter that the other side can push through regardless.
        Assuming the Order matched the endorsment, you might as well just sign off on it.
        I'm not totally certain, but I imagine if you do not agree that the endorsment matches the Order, you should not agree. I further assume that once that Order would be put through, you would then therefore have to file a motion to correct an Order made in error, and prove the error.

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        • #5
          Been there done that. You'll want to serve and file Form 25E: Notice Disputing Approval of Order. When you do, have your own draft copy of the order to to be signed by others lawyer as to form and content. If they don't then you'll both be in front of a judge to sort it out. Make sure to state proper valid reasons why you are disputing it such as judge called for interim temporary order, it was stated with the endorsement such and such. Be quick about it though as you'll have only 15 days (double check) to serve and file.

          If you don't have a copy of the endorsement, it will be in the continueing record. I'm sure the exs' lawyer won't give it to you. Next time wait and get it while your in court for the motion.
          Last edited by limer; 07-20-2011, 06:40 PM. Reason: Endorsement addition

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          • #6
            NO it DOESN"T since you are represented. I have never signed and usually the Judge gives one of the legal counsel the job of drafting the order.

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            • #7
              mind you it was not to his advantage and the Court Clerk type word for word what is written on the endorsement. They should notifiy both you and your ex's legal counsel if not the same.
              I am not sure what your changes are but when dealing with FRO, there are standard rules something they add to the draft not written in the endorsement.

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              • #8
                I didn't realize you were represented. If you have an issue, then you need to talk to your lawyer. The additions regarding FRO are standard. It's a two liner. You should get a copy of the endorsement before proceeding in any case; either from your lawyer or down at the courthouse from the continueing record.

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                • #9
                  I have to say I never received a copy of the endorsement or draft from my laywer, she either drafted the order or approved it when drafted by the other parties legal counsel.

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                  • #10
                    I am actually UNrepresented, this is why the endorsement is to come to me for approval. I do no have a lawyer anymore. Cannot afford one and my Legal Aid lawyer was a hack, they would not allow me a Change of Solicitor so I am doing this on my own.

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