Re: digEcor case...Silversurfer....
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Message: Re: digEcor case...Silversurfer....
In a case tried to a judge instead of a jury, it is often part of the Local Rules to file a document Findings of facts and Conclusisions of law, with an attached ORDER to be signed by the judge if he agrees with it...
Here is an example of Local Rules...
Gil...
Local Rules
| Rule Name: | Chapter: | Last Revised: |
| F.R.Civ.P. 52. Findings by the Court; Judgment on Partial Findings | Chapter I: Local Civil Rules, Integrated with Titles of Federal Rules of Civil Procedure |
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F.R.Civ.P. 52. Findings by the Court; Judgment on Partial Findings L.R. 52-1 Non-Jury Trial - Findings of Fact and Conclusions of Law. In any matter tried to the Court without a jury requiring findings of fact and conclusions of law, counsel for each party shall lodge and serve proposed findings of fact and conclusions of law at least five (5) court days before trial. L.R. 52-2 Other Findings of Fact and Conclusions of Law. In all other cases where findings of fact and conclusions of law are required under F.R.Civ.P. 41, 52, and 65, the attorney directed to do so by the Court shall lodge and serve proposed findings of fact within five (5) court days of the decision. L.R. 52-3 Format Proposed findings of fact shall: (a) Be in separately numbered paragraphs; (b) Be in chronological order; and (c) Not make reference to allegations contained in pleadings. Conclusions of law shall follow the findings of fact and: (a) Shall be in separately numbered paragraphs, and (b) May include brief citations of appropriate authority. L.R. 52-4 Orders. Each order shall be prepared by the attorney directed to do so by the Court. The order shall comply with the requirements of L.R. 58-10. Within three (3) court days of the ruling, the attorney preparing the order shall serve it on all parties and lodge it with the Clerk. L.R. 52-5 Signing of Orders for Absent Judges. Except as otherwise provided by F.R.Civ.P. 63, application for any order in a civil action (including cases on appeal) shall be made to the judge to whom the case is assigned. If the judge to whom the action is assigned is not available and there is an emergency necessitating an order, the judge’s court clerk shall be consulted to determine whether a judge of this Court has been designated to handle matters in the absence of the assigned judge. If a designation has been made, the application shall be presented to the designated judge. If no designation has been made by the assigned judge, then the matter shall be presented to the Chief Judge, or in the Chief Judge’s absence, to any other available judge. If no emergency exists, the application will be held by the assigned judge’s court clerk until the assigned judge is available. L.R. 52-6 Service of Document. The attorney whose duty it is to prepare any document required by L.R. 52-2, 52-4 or 52-5 shall serve a copy on opposing counsel on the same day that the document is lodged with the Court. Alternatively, the attorney preparing the document may present it to opposing counsel for approval as to form before the document is lodged. L.R. 52-7 Separate Objection. Opposing counsel may, within five (5) court days after service of a copy of a document prepared pursuant to L.R. 52-2, 52-4 or 52-5, file and serve objections to the form of the document and the grounds thereof. The failure to file timely objections shall be deemed a waiver of any defects in the form of the document. L.R. 52-8 Endorsement of Counsel. Unless the Court otherwise directs, no document governed by L.R. 52-2, 52-4 or 52-5 will be signed by the judge unless either opposing counsel shall have endorsed thereon an approval as to form, or the time for objection has expired. If it finds the ends of justice so requires, the Court may conduct a hearing on the proper form of the document, or it may sign the document as prepared or as modified. L.R. 52-9 Order Upon Stipulation. At the end of a stipulation of the parties to the granting of an order and following the signatures of counsel, the order shall be set forth in one of the following ways: (a) If at least two lines of the text of the stipulation, and the signature lines of the attorneys, and the signature line for the judge, appear on the same page, then the words “IT IS SO ORDERED,” with a space below those words for the date and the signature line for the judge may be used; or, (b) In any other instance, the “IT IS SO ORDERED” format shall not be used, and, instead, the pertinent elements of the order requested in the stipulation shall be set forth immediately above the judge’s signature line and the date, and at least two lines of the text of the order shall appear on the page that has the judge’s signature line and the date. |
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