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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-18-2011, 09:18 PM
emmalinda emmalinda is offline
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Default Waiting for the court order after trial

hello everybody!

Does anybody have experience waiting for the court order after the trial? How long is the wait?

Thank you.
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Old 10-19-2011, 09:17 AM
Magpie Magpie is offline
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I went to family court and waited 9 weeks for the judgment. Be patient. Apparently judges do not like to be hassled about the time they take on these.
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Old 10-19-2011, 12:29 PM
staysingle staysingle is offline
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Generally, when a judge makes a decision, that judge scribbles his order on paper and this is called an endorsement. This is immediately photocopied by the court clerk and handed to both lawyers and usually the litigants as well on the same day as your appearance.

Usually the winning sides lawyer then prepares the draft order ( which is the scribbled words from the judge[ the endorsements) and presents the draft order to you and your lawyer to agree or disagree what the judge had written.

If you all agree with the draft its sent to the court house for a final judicial stamp of approval.

Many times lawyers drag their feet filing out the draft order.

Have you been presented with the draft order for review?
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Old 10-19-2011, 01:16 PM
Lorac Lorac is offline
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Thank you Staysingle,

I'm at that stage now and was also wondering what was taking so long. We went to court on the 28th of Sept and to date have had nothing in writing letting me know what's going on. Thank you for explaining the ins and outs of this order.

L :-)
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Old 10-19-2011, 02:32 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by staysingle View Post
Generally, when a judge makes a decision, that judge scribbles his order on paper and this is called an endorsement. This is immediately photocopied by the court clerk and handed to both lawyers and usually the litigants as well on the same day as your appearance.
I think you are talking about simple motions here. As for trial what was original question I never heard about order in the same day....

I think it never actually happened and can happen. After our 16 days trial we were given estimation not earlier than month. And it's totally understandable...
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Old 10-19-2011, 10:03 PM
TLCRN TLCRN is offline
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WorkingDad: we were at trial and because we agreed on issues, the judge wrote an endorsement right away with copies given to both parties. Usually if the parties did not come to an agreement, does the Judge need time to come to a decision and write as an "endorsement" handwritten.
Now get this, because some issues were settled on different days of the trial, with the judge writting certain issues as an endorsement showing different dates, each endorsement according to the Court staff/clerk has to be made separate Court Orders which was missed when typed and sealed. We now have to wait for the remaining part of the endorsement to be made a Court Order taking more time since it has to be approved by the Judge. Since no approval from either parties was required since both self represented in order, I only noticed this when sent the Court Order with parts missing!
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Old 10-20-2011, 12:03 AM
staysingle staysingle is offline
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WorkingDad is correct. Full judicial decision, post trial, that go to the judge to decide, can take weeks to a month or more to receive. The endorsement from this type of situation will also contain the judges reasons for his or her ruling. This document can be as long as 20 pages or more!

Motions or trials that get cut short because of the parties consent will get the judges endorsement right away.

Incidently, many trials that start out can end on consent due to the judge telegraphing where they are deciding , giving the litigants one last shot at not getting hit for costs.

This happened to me!
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Old 10-20-2011, 02:28 AM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by staysingle View Post
Incidently, many trials that start out can end on consent due to the judge telegraphing where they are deciding , giving the litigants one last shot at not getting hit for costs.

This happened to me!
It may be even 81 pages like in V.K. v. T. S., 2011 ONSC 4305 (CanLII)

In my trial "judge telegraphing" really hard. Even before my submissions but mom was not interested in receiving any messages ...

Well, mom probably thought that nothing to worry regarding cost as she had Legal AID lawyer and sits on Ontario Works... Well, life is full of surprises - isn't it?

Last edited by WorkingDAD; 10-20-2011 at 03:13 AM.
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Old 10-28-2011, 10:16 AM
TLCRN TLCRN is offline
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WorkingDad: both parties were self represented so the Judge didn't have to worry about cost. I asked for cost since there was no need for a trial and could have been settled without trial since it they were the same issues dealt with from 2001-2009 when I had legal counsel. I had all documents as proof and helped since the trial judge had dealt with some other motions in the past knowing the history/situation.

I am curious, who pays for the Court expenses for a trial? court room, staff etc.... is is paid by the Government? as someone was tellng me they paid $12,000. for a trial. I was the respondent!
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