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Is it common legal practice to prepare documents ahead for a judge's signature?
Anticipating the outcome of a judge's decision, is it legal protocol to have documents prepared for the judge to sign?
4 Answers
- trooper3316Lv 71 decade agoFavorite Answer
As long as the judge does not sign it before the hearing, there is nothing unusual about that.
They also prepare two verdicts for the jury. One says "guilty" and the other says "not guilty". Both are given to the jury , the foreman signs one and turns it in.
Source(s): 17 years law enforcement - Anonymous1 decade ago
yes. the judge's signature on a signed order has legal significance in enforcing the order as opposed to his oral rendition of the order.
if the "hearing" is a default procedure (other party does not answer or appear in the lawsuit) there is generally no opposition to obtaining the order you request so there is no reason to delay preparation and signing of the order. similarly, if all parties to the lawsuit reach an agreement before the hearing, it is both customary and desirable to have a written agreed order signed by parties and lawyers to present to judge. it will make him/her ecstatic. if a case has a number of highly contested issues, it may not be useful to have an order already drafted. there may be interim hearings in a lawsuit that may be of a nature that it is ok to submit an order with blanks that may be quickly filled out once the issues are resolved. most judges seem to prefer all parties, or at least the lawyers, to sign the order before he/she will sign. so if you leave the courtroom without everyone's signature on the dotted line, and have to return with the order for the judge's signature at a later time, it is sometimes a real pain in the neck to get opposing party and/or counsel to sign and return in a timely manner. thus delay in getting order signed by judge.
- wibelle37Lv 41 decade ago
Yes it is. Do you think the judge would prepare them himself/herself? Or do you think a judge would wait while you prepared the document? Even when seeking a warrant (for arrest, to search someone's property, etc.) - it's prepared ahead of time. Doesn't mean the judge will agree to it and sign it; just means the legal team is prepared.