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Can a lawyer legally ask a judge to sign an order 5 months later?

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NovaVirginia

Junior Member
Virginia. After attending a civil court appearance this week in Virginia the defense counsel attempted to submit an order that he had dated 5 months earlier for the judge to sign. I objected and do not agree that a professional should be able to try and fabricate orders 5 months after the fact when the judge does not write the orders, take notes or even have a court reporter. I know people have the right to a speedy trial but is there also an assumption that orders would be written in an appropriate time frame? It seems unethical to try and have a judge sign an order that he can not remember any details on.

Any suggestion for a defense against people trying to push orders through 5 months after the fact with not court documentation?
 


latigo

Senior Member
Speedy trial?

What gives you the mistaken notion that the 6th Amendment applies to civil litigation? It doesn’t!

To represent that the opposing counsel dated a court order is absurd. Attorneys submit proposed written orders for the court’s approval, but they neither date nor sign them. Judges are prone to do that themselves.

If without effective censuring, a judge can sit on a decision for sometimes months on end why must an attorney in the case show more dispatch?

Now that your knowledge of civics and the vicissitudes of jurists has been enhanced, instead of grasping at straws why don’t you explain your beef about the court order that according to you was belatedly submitted and signed. Obviously it is not to your liking. So why isn’t?

If you and your attorney believe that the judge’s order contradicts or is not supported by the court record, then file for a nunc pro tunc to conform it to the record, or for reconsideration or appeal the descion whichever your attorney deems most appropriate.

The only “assumption” that I see operating here is your mistaken belief that the judge signed the order pertaining to case details and informal rulings that had slipped his mind.
 

NovaVirginia

Junior Member
thank you for your input. Unfortunately the judges here do not write the orders. He has no record of an order. Opposing counsel presented something just this week that he has dated 5 months ago. No court records are available either from the judge or the clerk of court. It just doesn't exist. My question was isn't there an assumption of professionalism and timeliness if an order is written?

To present something 5 months later to be signed by a judge who neither remembers it, has notes or even wrote it seems ridiculous. The current form that it is in actually incriminates the defense counsels client of contempt of court. But the document has never been seen by the court or even signed.

The major issue is that attorneys write the motions just to have them signed. But 5 months later?
 
I might be alright depending on that nature of the order. The OP says nothing in this regard & also does not object to the order's contents. Just a time issue? That by itself is not enough. The OP can petition for a change in the order if approved, if able to do that.
 

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