Monday, October 25, 2010

Getting Court Orders ...

In this article, Dr. Frederick David Graves, JD describes how you actually control the court. And how shyster lawyers can corrupt what the judge verbally said, getting signed court orders that control the court actions and outcome. Of course, if you don’t know this, then you are at the effect of scammer lawyers who should have been disbarred years ago. The problem is – no one is able to stop them because it’s too late by the time they find out. Here’s the low down…

When you're in court - plaintiff or defendant - the goal is always the same: Court Orders

This Tips & Tactics gives you inside info on how to get them and protect yourself from unscrupulous lawyers who try to get the judge to sign orders that don't say what the judge ordered!

The most important order is the Final Judgment, but in most cases there will be many other orders resulting from motions and hearings on various issues, such as forcing discovery or arguments about evidence, etc.

If you aren't careful, orders will be corrupted!

Many judges do not prepare their own orders. You must volunteer to "prepare the order" at the conclusion of each and every hearing. If you don't, the other side may write the proposed order to say things the judge did not order!

My famous, affordable, case-winning Jurisdictionary step-by-step 24-hour course shows you in detail how to protect yourself from crooked lawyers.

In general, courts allow the prevailing party to write the proposed order. If you win the motion, you should be the one to write the order. If the other side wins the motion and is directed to write the proposed order, you must do the following:

"Your Honor. I move the Court to order my opponent to provide me a copy of the proposed order before submitting it to you for your signature, so I can compare it to the transcript of this hearing for accuracy."

Another reason why you must have a court reporter at every hearing!

I remember one case in particular where the other side would prepare orders for the judge to sign (whenever my insistence on preparing the orders failed) and invariably they would put something in the order that the judge did not order! Then I would have to file a motion to set aside the order, provide my own version of the order, and send the court pages from the official transcript to show that my opponent was trying to pull a fast one. In that case, I was required to do this at least six times!

If you are paying a lawyer, make certain your lawyer is writing the orders and that they say exactly what the judge said. Don't let your lawyer wimp out on you.

If you are pro se the court may be disinclined to let you prepare orders, so come to court with orders already prepared and hand them to the court at the end of the hearing! My Jurisdictionary step-by-step course shows you how and gives you sample forms and explanations.

Orders are actually very simple. The standard language may sound complicated, but it really is simple:

______________________________

CAPTION OF THE CASE

THIS CAUSE having come before the Court upon the motion of Danny Defendant for an Order directing the plaintiff to produce copies of his bank statements for the past six months, and the court having heard argument of the parties, reviewed the file, and being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED that:

1. The defendant's motion is granted.

2. Plaintiff shall have 10 days from the date hereof to produce his bank statements for the past six months.

DONE AND ORDERED at Austin, Texas this 7th day of September, 2010.

Signature of Judge

_______________________________

After all, it is Orders we seek when we go to court. If you allow the other side to get the judge to sign orders that do not reflect what the court actually ordered, you might as well give up before you begin!

There are good lawyers, but there are also some who will lie and cheat and twist the rules beyond recognition, and you need my Jurisdictionary step-by-step course to show you how to protect yourself from legal high-jinks ... so you can win!

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