Entry of Proposed Judgment

Asked almost 3 years ago - Los Angeles, CA

Are there any statutes as to the entry of a proposed judgment? I found a case that states, "If the court signs the proposed judgment before the expiration of 10 days after service of the proposed judgment, thus depriving the parties of the time to serve and file objections, the court's error may be reversible if it prejudices a party" [ In re Marriage of Steiner (2004) 117 CA4th 519, 524-525, 11 CR3d 671] .

Attorney answers (1)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Take a look at California Rules of Court, Rule 3.1590(f) through (1):

    "(f) Preparation and service of proposed statement of decision and judgment

    If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement. A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment. If the proposed statement of decision and judgment are not served and submitted within that time, any other party that appeared at the trial may within 10 days thereafter: (1) prepare, serve, and submit to the court a proposed statement of decision and judgment or (2) serve on all other parties and file a notice of motion for an order that a statement of decision be deemed waived.

    (g) Objections to proposed statement of decision

    Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

    (h) Preparation and filing of written judgment when statement of decision not prepared

    If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

    (i) Preparation and filing of written judgment when statement of decision deemed waived

    If the court orders that the statement of decision is deemed waived and a written judgment is required, the court must, within 10 days of the order deeming the statement of decision waived, either prepare and serve a proposed judgment on all parties that appeared at the trial or order a party to prepare, serve, and submit the proposed judgment to the court within 10 days."

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

21,863 answers this week

2,723 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,863 answers this week

2,723 attorneys answering