Entry of Orders / Judgments

Entry of Orders/Judgements
Uniform Chancery Court Rule 5.04 provides:

In all litigated actions, the attorney who shall be directed to draw the Judgment shall submit the same to opposing counsel for criticism as to form only, and shall present the same to the Chancellor within ten (10) calendar days after being directed to draw the judgment unless otherwise permitted.

The attorney who has been instructed by the Court to draft the judgment or order shall within 48 hours prepare the proposed judgment or order and submit it to counsel opposite for critique and criticism. Upon receipt of the proposed judgment or order, counsel opposite shall have 48 hours to review the judgment or order to determine not if he/she agrees with the adjudications made by the Court as contained within the proposed judgment or order, but to determine if the proposed judgment or order accurately reflects the rulings and decisions of the Court. If counsel opposite agrees that the proposed judgment or order accurately reflects the rulings and decisions of the Court, he/she shall sign the proposed order and return it to the attorney who drafted it, who shall sign it and forward it to the Court for entry. If counsel opposite is of the opinion that the proposed judgment or order does not accurately reflect the rulings and decisions of the Court, he/she shall redraft the order to accurately reflect the rulings and decisions of the Court and submit same to the attorney who drafted the original proposed order, and shall make contact with the attorney who drafted the original proposed judgment or order to discuss the proposed changes or modifications. Once both attorneys have agreed that the order accurately reflects the rulings and decisions of the Court, they shall both sign it and forward it to the Court for entry.

If, within 10 days, the attorneys are unable to agree on a proposed order, the attorney who was initially selected by the Court to submit the judgment or order shall contact the Court Reporter and request that a transcript of the ruling and decision of the Court be prepared and forwarded to the Clerk for filing and shall contact the Court Administrator to obtain an extension of time to submit the judgment or order to the Court and to schedule a Hearing for Entry of a Judgment or Order. That attorney shall advance all cost associated with securing the transcript. At the hearing, the Court shall allocate the cost of securing the transcript as may be just, fair and appropriate and may assess other costs and fines as appropriate.

In order to expedite the entry of judgments and orders, the attorneys are encouraged to utilize email as opposed to regular mail. If an attorney to whom a judgment or order has been submitted approves of the proposed judgment or order, as explained above, he/she should reply, by email, to the attorney submitting same with a notation of his/her approval in the place and stead of a signature. Upon receipt of that email, the attorney who submitted such judgment or order shall forward that email, along with the judgment or order so approved, to the Court with his/her notation of approval of the judgment or order. Judgments and orders should be submitted to the Court in .wpd or .doc or docx format.