Do I need to file proposed orders granting relief with my FRCP 60's and 59e? If so what should they contain other than "the court finds in favor of the Plaintiffs for ---, it is so ordered"?
Hello, and welcome to JustAnswer! I am a licensed attorney and will be happy to assist you.
To quickly clarify, proposed orders are not filed. They are lodged. The difference is meanngless if you take the papers to the court clerk in person, but makes all the difference if you are submitting (filing and lodging online).
With regard to the timing, there is no governing federal procedural rule. Each district handles the issue differently. In some districts, such as the Northern District of California, the moving party must include a proposed order with the moving papers. In other courts, the judge ordinarily directs the prevailing attorney (or pro-se litigant) to prepare the order. If not served with the moving or opposition papers, the proposed order should be submitted to opposing counsel for approval as to form before being submitted to the judge for signature.
To find out whether your court requires the proposed order now or only after the judge makes a ruling, you can check your court's website under "local rules" by searching the rules (select the text and search it) for "proposed order" or "orders," or you can let me know the specific court in which your matter is pending and I will be happy to find the answer for you.
If you need additional information or clarification, please let me know and I will be happy to continue to assist you.
If I have answered your question, please be sure to indicate your satisfaction where indicated.Best of luck!
This is all I could find in our local rules: LR 7-2. (f) MOTIONS. Any proposed order prepared by counsel at the Court’s request shall be served on all parties who have appeared in the action prior to submitting the proposed order to the Court. The court is UNITED STATES DISTRICT COURT DISTRICT OF NEVADA. I appreciate any more help, thank you.
Thank you for the additional information.
See Local Rule 9021 found on page 125 of the United States District Court, District of Nevada which can be found here:
It reads as follows:
LR 9021. ENTRY OF JUDGMENTS AND ORDERS.
(a) Preparation of entry of orders and judgments.
(1) Unless otherwise ordered, the attorney for the prevailing party must prepare all
proposed findings of fact, conclusions of law, judgments, and orders
(collectively, for purposes of this Rule, “Orders”), formatted in accordance with
the Court’s electronic filing procedures described in LR 5005.
(2) All proposed Orders must accurately reflect the Court’s ruling.
(3) Unless otherwise ordered, any proposed order must be submitted to
the Court promptly after the conclusion of the hearing, but in no event later
than twenty-eight (28) days after the hearing is concluded.
(4) Unless otherwise ordered, if no proposed order is submitted within twentyeight
(28) days after the date upon which the matter was heard, any party in
interest may submit a proposed order in a manner that complies with this Rule.
(5) Unless otherwise ordered, if no order is submitted within thirty-five (35) days of
a hearing, the motion or other matter will be deemed withdrawn, without
prejudice, subject to a motion under Fed. R. Bankr. P. 9024.
I hope this information helps. If you need additional information or clarification, please let me know and I will be happy to continue to assist you.If I have answered your question, please be sure to indicate your satisfaction where prompted.Best of luck!
Knowledgable and Experienced Attorney
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