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Motion to Dismiss...Do I need to produce a page with an order for the judge to sign?

Little Rock, AR |

DO I have to produce a page with a place for the Judge to sign in my motion to dismiss like in a motion to compel? I noticed with all the examples I have seen there is no page produced for the judges order and signature page.
I have written What I believe is a very good Motion to Dismiss. But I have no page for the judge to sign.

DO I have to do a page with an order? I would rather not if it doesnt hurt my case?

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Attorney answers 2

Posted

In most jurisdictions you would draft a "proposed order" for the judge to sign. In some jurisdictions the judge will want to draft their own order. I don't see any harm in drafting a "proposed order" and if the judge wants you to change the wording, or if the judge wants to use their own order, they will let you know.

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

Asker

Posted

Will it hurt my case if I don't?

Shaye Larkin

Shaye Larkin

Posted

If it was me I would go ahead and do it to be on the safe side. If you don't do it, it doesn't necessarily hurt the merits of your case, but your motion may sit there in limbo.

Asker

Posted

I guess I was avoiding it because im not sure what to put in it. All the the examples online I have seen don't have that page.

Shaye Larkin

Shaye Larkin

Posted

I can't give you specific advice, and I am not licensed in your jurisdiction, but typical language used in MY jurisdiction includes The honorable judge ralph smith, having reviewed the motion to dismiss filed herein and finding good cause therefore, and further finding that service of said motion was proper, IT IS HEREBY ORDERED THAT etc.

Asker

Posted

THANK YOU SO MUCH THAT HELPS!

Shaye Larkin

Shaye Larkin

Posted

:) you are welcome!

Asker

Posted

I filed a motion to compel and the judge granted it. He gave them 15 days to respond. Is that usually business days or just straight 15 days?

Shaye Larkin

Shaye Larkin

Posted

Here it would be 15 calendar days unless specified otherwise. Not sure about where you are.

Asker

Posted

Appreciate your help. You are a blessing!

Shaye Larkin

Shaye Larkin

Posted

:) thanks :)

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

As always, Ms. Larkin shows her excellent knowledge of bankruptcy law and keen intellect

Posted

In Arkansas most Judges do not want or need a proposed Order until after they make their decision on the motion since the decision may be based on only certain issues in the motion. The Court will contact you and let you know if they want you to prepare an order.

Shaye Larkin

Shaye Larkin

Posted

Great information from Mr. Williams