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Proposed Order

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Content

Member
What is the name of your state? TN, today we got our copy of the proposed visitation order in today. It's proposed because the ex didn't bother to show up in court because she thought it was going to be passed (not our fault her lawyer is stupid) but since she wasn't there we got the judge to order temporary parenting time for my DH, The order is proposed under Rule 5.03 of the Local Rules for Civil Practice: the rule states this:
(a) Unless waived by the COurt, no proposed order may be lodged with the Clerk until it has been submitted to all other parties or their counsel and they have refused to approve it or they have failed to respond within a reasonable period of time. For the purposes of this Rule eight (8) days after mailing shall be a reasonable period of time. Orders lodged under this rule shall bear the word "PROPOSED" at the top of the Order.

(b) Adverse parties having legitimate objections to the proposed order shall file objections to the proposed order setting out a specific objection within five (5) business days after lodging of the proposed order.

(c) Nine (9) business days after the lodging of the proposed order under this rule, the Clerk shall deliver to the Judge all proposed orders with exceptions or objections for action.



Now with all of that in mind, I am a little unclear as to how long until it's given to the judge to sign. Is it 9 business days or is it 22 days (adding all numbers of days together) or is it 17 days????? :confused: I appreciate everyone's help.
 


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BelizeBreeze

Senior Member
Content said:
What is the name of your state? TN, today we got our copy of the proposed visitation order in today. It's proposed because the ex didn't bother to show up in court because she thought it was going to be passed (not our fault her lawyer is stupid) but since she wasn't there we got the judge to order temporary parenting time for my DH, The order is proposed under Rule 5.03 of the Local Rules for Civil Practice: the rule states this:
(a) Unless waived by the COurt, no proposed order may be lodged with the Clerk until it has been submitted to all other parties or their counsel and they have refused to approve it or they have failed to respond within a reasonable period of time. For the purposes of this Rule eight (8) days after mailing shall be a reasonable period of time. Orders lodged under this rule shall bear the word "PROPOSED" at the top of the Order.
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The adverse party has eight (8) days to respond to the Proposed Visitation order from the date of mailing.
(b) Adverse parties having legitimate objections to the proposed order shall file objections to the proposed order setting out a specific objection within five (5) business days after lodging of the proposed order.
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Lodging the order is the acceptance by the clerk or Lodging the order with the court.
(c) Nine (9) business days after the lodging of the proposed order under this rule, the Clerk shall deliver to the Judge all proposed orders with exceptions or objections for action.
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Nine days after delivery of the proposed order to the clerk of the court and 'lodged' by the clerk.
Now with all of that in mind, I am a little unclear as to how long until it's given to the judge to sign. Is it 9 business days or is it 22 days (adding all numbers of days together) or is it 17 days????? :confused: I appreciate everyone's help.
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The oppossing party has eight(8) days from the time of mailing of the proposed order to respond.
Then the proposed order must be 'lodged' with the court where it will be held for 9 days before moving to the judge.

9 + 8 = 17.

That does NOT however, mean that the judge will or is bound to sign. Only that it is on the court docket and will be decided either by summary or trial.
 
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Whyte Noise

Senior Member
BelizeBreeze said:
But I know your secrets ;)
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Hey, at least I'm not like some people who insist that they're right when they aren't and then argue till the cows come home that they know they're right. ;) Thats why I deleted my post. I forgot about the lodging part and you explained it. Still getting used to the TN rules and codes.

I have no secrets. My life is an open book. Or, at least it will be come January. I'll make sure you get a signed copy too. :p
 
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Content

Member
Okay so to make sure I completely understand, the order was mailed on November 1st. the lawyer has to wait 8 business days AFTER the Nov. 1st date before he can file it with the court clerk, and then 9 business days after it's filed with the court clerk the judge can sign it correct? I don't doubt that as long as the ex doesn't pull cute tricks that the judge will sign it, he's the one who gave the specified times, which is more than what we were even asking for on a temporary basis.

Now also if I understand correctly then her lawyer has the 8 days plus the 9 days to also appeal the order or object to it right? Or just the first 8 days?

I always try to know exactly what's going on before we talk to our lawyer, because we have caught him telling little white lies several times.
 
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BelizeBreeze

Senior Member
Content said:
Okay so to make sure I completely understand, the order was mailed on November 1st. the lawyer has to wait 8 business days AFTER the Nov. 1st date before he can file it with the court clerk, and then 9 business days after it's filed with the court clerk the judge can sign it correct? I don't doubt that as long as the ex doesn't pull cute tricks that the judge will sign it, he's the one who gave the specified times, which is more than what we were even asking for on a temporary basis.

Now also if I understand correctly then her lawyer has the 8 days plus the 9 days to also appeal the order or object to it right? Or just the first 8 days?

I always try to know exactly what's going on before we talk to our lawyer, because we have caught him telling little white lies several times.
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The other attorney has 8 days to return the proposed order. In that return they will file an answer, objection or other information.

I'm not sure if they can withdraw their agreement once the proposed order has been lodged. That would be up to the judge and the particular court.
Check with the court on the 21st
 
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Content

Member
Thanks for your help! We're in a hurry to push this through since we need the judge's signature before we can pick up the boy.
 
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