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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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How long does the judge have to sign a preliminary

Customer Question

How long does the judge have to sign a preliminary injunction order in NJ
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.
Thank you for your patience; I have researched both case law and statutory law and am unable to find any guidance on this other than a vague reference in the judicial code of conduct: There is a procedure many attorneys will use to help ensure that their request is immediately enforceable - by filing for a interlocutory injunctions simultaneously (that rule is here). Otherwise, there is no set in stone rule regarding the execution of court orders. However, if the order was oral, it can still lead to a contempt charge, and that alone will often encourage the other party to comply -for elements, including oral orders, that need to be proven for a contempt citation, please see:https://www.judiciary.state.nj.us/criminal/charges/contempt1.pdf (7) A judge should dispose promptly of the business of the court.Commentary: Prompt disposition of the court's business requires a judge to devote adequate time to duties, to be punctual in attending court and expeditious in determining matters under submission, and to insist that court officials, litigants and lawyers cooperate to that end. In disposing of matters promptly, a judge must demonstrate due regard for the rights of the parties to be heard and to have issues resolved without unnecessary cost or delay. http://www.judiciary.state.nj.us/rules/appjudicial.html
Customer: replied 9 months ago.
The judge made a verbal ruling on April 15; however he has still not signed the order. The other party refuses to obey his verbal ruling saying that he has not signed the order. Can they do that.
Expert:  LegalGems replied 9 months ago.
Refusal to obey a court order (whether verbal or written) is a violation that can lead to contempt; the party must have been present when the verbal order was issued. That link above discusses the requirements- since it must be a knowing and willful violation, that is why, for verbal orders, the violator must have been present when the order was issued.
Expert:  LegalGems replied 9 months ago.
This case (Merck & Co., Inc. v. Biorganic Laboratories, Inc.) discusses how a verbal order is in fact binding:"The verbal order of October 26 made in the presence of counsel was a ruling by the court binding on the parties insofar as the issues in this case are concerned. The deliberate frustration of such an order, even prior to its reduction to written form, justified the invoking of R.R. 4:27" - here
Customer: replied 9 months ago.
Can u send me link to the actual R.R 4:27
Expert:  LegalGems replied 9 months ago.
That rule dealt with discovery:"If a party or an officer, director or managing or authorized agent of a party * * * fails to serve answers to interrogatories submitted under Rule 4:23 after proper service of such interrogatories, the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or take such other action as it deems advisable." The case involved discovery issues; but is being cited for an example as to how a verbal order is binding.
Expert:  LegalGems replied 9 months ago.
Hi; just checking in to see how things turned out? Hopefully that explanation re; RR 4:27 makes sense. Thank you!
Customer: replied 9 months ago.
What is the timeline or deadline that a judge has to sign an injunction order
Expert:  LegalGems replied 9 months ago.
There is no statute that addresses this. It just states "promptly".