If and when a presiding judge , post 10 days, signs a Report of general magistrate; might the magistrates "order" or "recommendations" be upheld pre= ratified by a presiding judges signature?
please try to save me the deep details, I GAVE an EXAMPLE i.e., dates-- just showing a sample subject situation. i simply wish to learn what powers the ratified document holds over a " report of Gen magistrate order holds? Or if ratifed means nothing caomaratively. i gave sequeces of times since others could answer this questions. None it threatening me .
sorry for typos, this cha t format is confusing. No one is threating me,
you gave me the simple answer " Generally, nothing is set in stone until a report is ratified and only then must the parties adhere to its terms; however, if specific instruction was given and the party or parties simply didn't abide by what the magistrate ordered because there was no signed order"
thats what things seemed to evolve, without clear words to that effect. .
So to say my thoughts in anther way, If a report of magstrate is drafted by both parties, yet never agree, & if it was said the magistrate is obligated to have the moving party 1st draft the interim report ( what rule defines this procudure? ) , but the magistrate per 3 hearings asked the defendants attorney to draft the interim reports,. I'll now rely on ladylawyer's belief ie., " no orders in a magistrates report of general magistrate, or verbal order made by a magitrate in her court are enforcable. until alater date that is moving i.e., only untill the judicail ratified order regarding that report of magistrate is mailed out plus the 5 days mailing delay . , Therewith only after the presiding judge ratifies a magistrates report (drafted by the magistrate) and . this all often takes 2 months. Its clerly disingenuous for a magistrate making a party believe 10 days was ordered, offeringt sufficient time. Point is, this is not factually true. the fact is only after the parties disagree over the interim reports, then the magistrate reads both parties versions per their dratfts of said interim reports, then the magistrate redrafts a report & mailes the report, magistrate adds or removes language and dates, this takes a month or more . Parties can be in trial and never get the presiding judgers ratified order on report of magsitrate that prejudices a party without compliance per a date the magistrate ordered docs be exchanged, two months prior. At lease now i see what happened. Please elaborate if i'm wrong or partlly correct?
are you closing or not finshing up ?
yes pls. proceed. I s ladylawyer correct, wherby a Gen. Magistrates order is not factually effective & thus untrue in that any sort of time line any magistrate implies as an order, verbailly or materially is not truely an effective Order ie , there are no obligations upon the parties only until the ratification date signature arives in the mail , plus 5 days are allowed for usps delivery? correct? .
An order from the court, whether the GM or the judge, is enforceable upon oral pronouncement. The problem is in enforcing the order prior to be reduced to writing and being signed by the GM and the judge. As your posts have alluded to, the two sides may disagree on exactly what was verbally stated by the GM. That being the case, one party may believe they have complied with the verbal order while the other party may believe that there has NOT been compliance.
Once the order is signed, the factual dispute would likely be resolved. At that point, the report and recommendation should lay out the correct representation of the GM's verbal pronouncement and compliance should be more clear cut.
There's been a fair amount of discussion back and forth, please let me know if anything requires clarification.
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