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lodging multiple orders on a single motion
Or, if it isn't a mandatory form order, add alternatives with a
check box for the judge to check which one is what he/she decided to
rule.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
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charsetndows-1252
LOU won't let you lodge two orders, I don't think. Just lodge one that is close enough not to piss off the judge, and she will edit it to her satisfaction.
Jason
On Sep 1, 2012, at 11:12 AM, Kirk Brennan wrote:
When a judge grants a motion at a hearing, but you're not entirely sure what she is granting (and it isn't made clear at the hearing), is it appropriate to lodge two orders with alternative provisions so that the judge can choose which one reflects her ruling?
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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charsetndows-1252
LOU won't let you lodge two orders, I don't think. Just lodge one that is close enough not to piss off the judge, and she will edit it to her satisfaction.JasonOn Sep 1, 2012, at 11:12 AM, Kirk Brennan wrote:
When a judge grants a motion at a hearing, but you're not entirely sure what she is granting (and it isn't made clear at the hearing), is it appropriate to lodge two orders with alternative provisions so that the judge can choose which one reflects her ruling?
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
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Kirk,
I always try to ask questions at the hearing to clarify a decision if needed, but sometimes it does feel like your time is up and you need to move on. In those cases I try to prepare an order that grants the relief requested. If the motion was contested then I'd try to gain consensus from opposing counsel on the form of the order, if possible.
I don't think I'd upload two orders, but if I really was unsure I'd upload my best and then call the judge's law clerk to point out any concerns. If the court wants changes, it can make those changes. In most cases, if there is no opposition the court will sign the order your prepare - might as well upload the order you want.
Link Schrader, Attorney
Law Office of Link W. Schrader
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When a judge grants a motion at a hearing, but you're not entirely sure
what she is granting (and it isn't made clear at the hearing), is it
appropriate to lodge two orders with alternative provisions so that the
judge can choose which one reflects her ruling?
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
When a judge grants a motion at a hearing, but you're not entirely sure what she is granting (and it isn't made clear at the hearing), is it appropriate to lodge two orders with alternative provisions so that the judge can choose which one reflects her ruling?
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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