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If party was not present for court hearing, can they still come back and use the five day rule?

Salem, WI |

At the last hearing, one parent did not show up in court. After receipt of Order, parent who was not in court filed a letter to judge to refute order under the "5day rule." Is this acceptable.

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Attorney answers 3


Yes, but I am not completely sure you understand what the five day rule is all about.

The five day rule allows a party to submit an order for the court to sign that is limited to what was actually addressed and said. We cannot continue the case in that document we simply make a record and get an order. So, if you didn't like what was done in the hearing the five day rule won't fix that.

But if they are trying to add things that were not stated at the hear object you can.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.


The purpose of the 5 day rule is to make sure the Order submitted to the court is an accurate reflection of the court's findings and orders. A party can only file an objection under the 5 day rule to the wording or the format of the order, not to the substance of the order itself. If someone wants to object to the order itself, they would either need to file a motion for reconsideration or an appeal.


Yeah, he can do this, but he won't be successful, as long as you stay on top of the order. Don't let him add anything that wasn't said, or strike anything that was said.

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