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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I lost at a hearing in a civil law suit (because the opposing

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I lost at a hearing in a civil law suit (because the opposing attorney and the judge had it without me in chambers and not in the courtroom like the docket said). Opposing side was awarded summary judgment and the judge's clerk entered a "minute order" in the case file. In order to appeal in OK I have to have the Final Journal Entry Order. I have asked the opposing counsel for this document 3 times. Once by phone, once my mail and once by face to face.; with no results. How can I either force them to enter a journal entry or better yet, take my own down to the judge so that I can get on with my appeal?
Submitted: 7 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

Send a copy of your letter requesting the docket to the judge's chambers with a letter stating that the other party is intentionally not abiding by the court rules. No matter how friendly the judge may be to counsel, he hates it when the court rules are not followed and should then compel the other attorney to provide you with the documents that you are requesting from him.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/2/2010 at 9:01 PM EST
Customer: replied 7 years ago.
So I do not have to make a formal filing such as for an ex parte hearing or schedule any type of hearing? Just send a letter to the Judge?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

No, first send a letter and make sure that the judge is aware that the otehr party is entintionally trying to delay so that you cannot formally appeal. Then, if the judge OR the attorney do not come through, file for a mistrial based on procedural grounds.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/2/2010 at 9:10 PM EST
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