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Need to Object to an Order Drafted by Plaintiff --- How do I proceed?


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I need to Object to an Order that was drafted by the Plaintiff (who lost his motion and is trying to work angles to make the Order work in his favor anyway) :twisted:.

Plaintiff's atty drafted a bunch of text that helps his case, but were not anywhere near reflective of the judge's decision nor the judge's words at the hearing.

I'm in Utah, I have 5 workdays to Object. However, it takes 5 days to obtain a CD copy of the hearing (wherewith I would find the judge's verbatim decision).

What do I need to do to facilitate the Objection? :?:

  • Do I simply Object?
  • Do I Object based on what I remember being said at the hearing?
  • Do I Object to the Order drafted -- then draft one myself, and attach a copy (to the Objection) of what I believe the Order should say according to the Decision?

The judge in this case is a very reasonable person, and seems to be more interested in fairness than pomp and circumstance.

Thoughts? :idea:

Examples? :)++

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Then in the declaration supporting your objections you attach a proposed order that is more in line with what the court said.



Written objections to plaintiff's proposed order.

Defendant<your name> hearby objects to the proposed order propounded by the plaintiff's attorney as it does not reflect the ruling of the court at the hearing<date>.

a copy of plaintiff's prposed order is attached as exhibit 1 to the Supporting declaration of defendant opposing the proposed order.

New heading The order varies from the courts ruling in the following ways. Then list citing line numbers and paragraphs

new heading defendant has attached an order more consistent with the courts ruling as exhibit 2

and make the order reflect the correct stuff.

then send it via fax to them and file it with the court.

this gets objection on the record and gives the court time to decide whether they want to sign your or theirs or make their own.

this is entirely proper

make the written objection just like a notice of motion and cite the statute for objecting to the order.

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