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Fleet Admiral
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- May 26, 2009
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Re: Court Order...
there are very few courts where you can approach a judge without having filed a motion of some sort first. This is why I said to start in the clerk's office. I know the process. The clerk knows it even better. That's why smart lawyers start with the clerk.
Judges don't have a box of "court orders" to hand out and seldom does the judge write the order. usually the prevailing party (or its lawyer) submits the order. Clerks sometimes keep, or will prepare, routine orders. The clerk will know.
You also have to know that not all judges' positions are the same. Every state is different, as to the jurisdiction and case assignment among the courts, and the names of the court. In some, the "supreme" court is not the top court. Names like "district" and "circuit" are interchanged. This is why you have to start in the clerk's office--to be sent to the right clerk's office to begin.
Some courts now require motions to be filed electronically. Some take paper. For some matters, they will give you a form. The clerk will tell you.
Some courts delegate certain duties to clerks and to magistrates. the clerk can tell you whether yours is one of them.
A title issue might be regarded as routine to some courts. To some, it involved one branch (judicial) compelling another (executive) to act. This is serious stuff. Marbury v Madision and all. Most likely, the clerk will know whether you are asking for something considered routine or unusual.
see a pattern here?
there are very few courts where you can approach a judge without having filed a motion of some sort first. This is why I said to start in the clerk's office. I know the process. The clerk knows it even better. That's why smart lawyers start with the clerk.
Judges don't have a box of "court orders" to hand out and seldom does the judge write the order. usually the prevailing party (or its lawyer) submits the order. Clerks sometimes keep, or will prepare, routine orders. The clerk will know.
You also have to know that not all judges' positions are the same. Every state is different, as to the jurisdiction and case assignment among the courts, and the names of the court. In some, the "supreme" court is not the top court. Names like "district" and "circuit" are interchanged. This is why you have to start in the clerk's office--to be sent to the right clerk's office to begin.
Some courts now require motions to be filed electronically. Some take paper. For some matters, they will give you a form. The clerk will tell you.
Some courts delegate certain duties to clerks and to magistrates. the clerk can tell you whether yours is one of them.
A title issue might be regarded as routine to some courts. To some, it involved one branch (judicial) compelling another (executive) to act. This is serious stuff. Marbury v Madision and all. Most likely, the clerk will know whether you are asking for something considered routine or unusual.
see a pattern here?
