Opposing counsel was to submit write-up to the judge per our appearance 2.5 months ago. The bench secretary confirms that nothing has been submitted to the court. Where does that leave our agreement? Does it remain binding if it is never filed? Is there any legal rationale for such inaction? What action, if any, should I take?
Thank you in advance for your response!
If an oral stipulation or Order was made on the record in court, then that "order" is deemed to be effective as of that date, notwithstanding the submission of the actual order. That being said, a written Order should be made. Your attorney should contact opposing counsel to prepare the Order. Alternatively, your attorney (or the Attorney for the Child) can contact the court to get a copy of the recording of the appearance where the Order/Agreement was stated on the record and prepare a written Order themselves if opposing counsel is unable to do so for some reason.
I am not sure what kind of a write-up was he required to submit. Was it an agreement? or petition>
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I would suggest that you submit a letter to the court (with a copy to the opposing counsel) describing the situation and asking the court for guidance or to allow you to submit the written proposed order if the other side fails to do so within a certain time frame. Sometimes, just writing a letter to the court will prompt the other side to wake up and submit the papers they have failed to submit.
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