What is a proposed order and how is it written to the court

Asked about 3 years ago - Altoona, PA

iam asking for reconsideration of dismissal of my case due to uncontroled events causing my credit counseling to be two days late due to the fact that the court decided to close early that day and i couldn't file on time, within my 180 days

Attorney answers (4)

  1. Stuart M. Address

    Pro

    Contributor Level 16

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    Answered . I can explain a proposed Order but I'm not sure you are at that stage yet from the brief facts you provided. A proposed Order is one typically prepared with a motion or at the Judge's request for the Court's review. If prepared at the Judge's request, typically you have to run it by adverse counsel to see if he/she agrees as to the form of the proposed Order not the substance because the Court has already rules on the substance. If it is being prepared as part of a motion which requires a proposed Order, then you prepare it based upon what you want the Court to do and after a hearing the Court either modifies it, writes its own Order, or tells you to modify it and run it by adverse counsel for consent as to form.

    The reason I say that I'm unsure whether you are at that stage is because you do not indicate whether you have already filed a motion for reconsideration, whether in your state a motion for reconsideration requires a proposed form of order to be provided with the motion, or whether the Court has asked for a proposed order.

    Also, if the reconsideration is due to an issue of being 2 days late, you really may want to consult with local counsel to see if there is a legal basis for the reconsideration because if there is then you would want to cite it to the Court to make it aware of the law and encourage it to do the "right" thing so as to avoid a potential appeal.

  2. Michael Gerard Leonard

    Contributor Level 4

    Answered . You can file a motion. Explaining in paragraph form why you couldn't make the deadline. Circumstances beyond your control, acts of God, etc. Then you attach a proposed order which is just another way of saying the order that you want a judge to sign. Mick Leonard, J.D. www.micklaw.com www.bestcomplawyer.com

  3. David E. Schreiber

    Contributor Level 10

    Answered . First, a proposed Order is something that you attach to a brief or a motion or petition where you are asking the Court to grant some type of relief that you are requesting. However, you need some type of mechanism to get a request before the Court. It is difficult to determine what is needed because your question doesn't have enough information. If you missed a filing deadline, your options may be limited. Some typical mechanisms are a motion for reconsideration of an appeal nunc pro tunc. Again, however, I can not determine whether these are applicable to your situation because your question is not specific enough.

    This does not establish an attorney client relationship and you should contact a license attorney in your state if... more
  4. Pamela Koslyn

    Contributor Level 20

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    Lawyer agrees

    Answered . I don't see what a proposed order (written to document a court's order, or supplied with a motion and tracking the relief asked for in that motion so the court can easily sign it if it's granted) has to do with a motion for reconsideration. I also don't see what credit counseling has to do either a proposed order or a motion for reconsideration.

    It's hard to imagine a case being dismissed due to anything related to a proposed order, since usually the party asked to supply the proposed order won a ruling, yet your case was dismissed, which is the ultimate loss.

    If it's true that your case was dismissed, for whatever reason, and you want to try o salvage it, you should see a lawyer. I'm not sure you're using any of these terms correctly or that you're even aware of the right questions to ask.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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