Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
This question is procedural regarding writing of a draft ORDER for Florida civil court. In preparing a pro se motion for the court in our FLORIDA case matter, or rather it is a "Notice of Objection to Hearing" (due to opposing counsel having scheduled an upcoming hearing on her motion prematurely/improperly - i.e. during the timeframe granted for us to obtain new counsel in our case whereby the timeframe has not expired).
1. Is a draft ORDER required to be attached to our Notice of Objection?
2. If so, should the ORDER be headlined as ORDER CANCELING PLAINTIFF'S HEARING or: ORDER GRANTING REQUEST TO CANCEL PLAINTIFF'S HEARING in other words -- what would be the judicially appropriate title?
Dear Customer, thank you for choosing Just Answer. Submission of a proposed order is generally not required. If you do wish to submit an order to accompany your opposition, you will need to draft it so that it can address the full scope of the relief you are requesting. The reason parties will draft a proposed order is that they want to give the Judge an easy way to simply sign a document that they have already prepared and they believe is in their own best light with regard to the motion (it is always best to draft your own order if the Court will allow you to, but given the type of motion you are working on this is a fairly straightforward issue with little to no deep legal analysis - the court gave you more time to find an attorney and the Plaintiff went ahead and scheduled a motion to be heard during this time knowing you could not appear as a corporation without one). One proposed title for your order could be "Order continuing hearing on Plaintiff's Motion for ..."
Remember, proposed orders are "lodged" with the Court and not filed. The clerk's office can assist you with the difference. It is still served on the other side, it just does not become part of the Court record to avoid confusion.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).