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"Stipulation" vs "Order After Hearing"


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#1 Joanne Cavalry

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Posted 13 September 2006 - 10:33 AM

Legally, what is the difference between a stipulation and an Order After Hearing? If an Order After Hearing is never prepared, is the stipulation still binding?





#2 Jim Reape

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Posted 13 September 2006 - 11:07 AM

The stipulation is still a contract that may be binding. The order is enforcable as an order. In stipulation form there is still the question if the court will accept the stipulations and make them orders.

#3 Joanne Cavalry

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Posted 26 September 2006 - 05:15 AM

We faxed the Order After Hearing to opposing counsel on September 8. We still have not received their signature on the OAH nor do they return our phone calls requesting it.

Can we file it without their signature? What is to keep them from sitting on it indefinitely?



#4 Guest_Guest_*

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Posted 26 September 2006 - 07:26 AM

QUOTE(Joanne Cavalry @ Sep 26 2006, 02:28 PM)
We faxed the Order After Hearing to opposing counsel on September 8.  We still have not received their signature on the OAH nor do they return our phone calls requesting it.

Can we file it without their signature?  What is to keep them from sitting on it indefinitely?

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I have had this problem. In this case I submitted the OAH to the court with a note attached that stated it was being submitted w/o opposing counsel signature and when it was sent to opposing. In my case, since it had been so long, judge wanted to see copy of transcript, which I provided, but this was since other side (who was supposed to prepare the order) did not and sat for nearly one year.

#5 Jim Reape

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Posted 26 September 2006 - 08:38 AM

Submit the order along with your declaration stating when it was served on opposing counsel and that you have not received any objection.




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