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Should I prepare a Proposed Order for Judge to sign

Barstow, CA |

I am filing a "motion to set aside default" on an Unlawful Detainer. Do I need to prepare a Proposed Order for the Judge to sign, with my motion?

Attorney Answers 3


It is a good practice to do so but it is not absolutely required, especially for a limited jurisdiction case.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Yes. Most courts require you to prepare and file a proposed order any time you bring a general law and motion matter, including ex parte applications. There are a few judges around that do not insist on it, but it is better to do it and be told it wasn't necessary.

Good luck to you

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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I agree with Mr. Pederson and Mr. Chen. Additionally, always remember that you will almost never have your motion rejected because you included a proposed order when one was not required; however, there's a good chance that you will have it rejected if you didn't include a proposed order and one was required.

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