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What is the process of preparing a court order?

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Quick Answer

The process for preparing a court order involves a request for a court order filed by an individual in relation to a court proceeding or at a different period from a hearing or proceeding, as LegalMatch reports. A person may also file a Motion for Temporary Orders, after which a hearing on the motion occurs, explains MassLegalHelp. During such a hearing the judge allows both parties involved to provide arguments before issuing a court order.

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Full Answer

A court order is a written or spoken ruling by a judge, and it may relate to a search warrant, court date, lawsuit ruling, criminal sentencing or restraining order, as LegalMatch describes. Other common court orders concern child support, child custody and visitation rights, and emergency or temporary protective orders.

While waiting for a judgment, individuals may request that judges address urgent issues before a final hearing, according to MassLegalHelp. The first step in the process is filing a motion, which requires filing a motion form, an affidavit and a proposed order form.

After selecting a date for the hearing, the individual who filed the motion should provide the sheriff or constable with copies of the motion, affidavit and proposed orders along with details about the time and location of the hearing to inform the other party, notes MassLegalHelp. The authorities may also serve the motion later by mailing the documents to the other party.

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