Court Orders
Tipping the Justice Scale
Everything in court is aimed at getting judges to enter orders.
Nothing else matters! If you cannot get Court Orders, you cannot win.
Every pleading seeks an order. Every motion. Every hearing. Every trial. Every Appeal.
Orders tip the Justice Scale in your favor, or tip it the other way. Nothing else does.
Orders need to say certain things, and they need to say them in a certain way.
What is a Court Order?
Court orders are the court's power to compel others to either DO something or STOP doing something.
They compel law enforcement officers to do whatever is necessary to obtain compliance, and failure to comply is punishable by fines and/or jail time.
As you’ve been taught, governments in most constitutional republics are divided into three power branches: Executive, Legislative, and Judicial.
Many people fail to realize that the only branch that has power over the other two is the judicial branch, i.e., the courts.
The familiar Miranda v. Arizona, 384 U.S. 436 (1966) is an order of the United States Supreme Court decided in 1966 that created the common law right to remain silent and be warned, “Anything you say can and will be used against you in a court of law,” if you are arrested. This law comes from the Court, not from the legislature.
Court orders create law ... common law.
Most cases don’t go to the Supreme Court, of course, but even small-town cases result in court orders that are also law … at least for the parties involved in the case. They may command that one party owes the other a sum of money, or they may command one party to do something he does not wish to do and would not do but for the order.
All orders will be obeyed if you do what this course teaches.
Court Orders are not optional!
This is YOUR POWER when you know how to use it!
Why are Court Orders Important?
If you cannot get a favorable Court Order, you lose! It’s that simple.
Court Orders decide whose claims become “rights”.
You can claim you own the Brooklyn Bridge. You can claim the right to yell “Fire!” in a crowded theatre. You can claim the right to refuse paying taxes.
But, if you cannot get a judge to sign an order agreeing with you, what you claim is a childish dream.
Your “rights” are worthless if your cannot enforce them with court orders.
Ask anyone in prison or people who've lost their home, their children, or their life savings because they couldn’t get a favorable Court Order.
Court orders are essential to a civilized society.
What Does a Court Order Do?
Court Orders are commands.
They can command anyone to do anything.
Here's an order commanding the Sheriff.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT
IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant.
____________/
Case No. 2012-123
Judge Benchpounder
ORDER
TO ALL AND SEVERAL the Sheriffs of Sunshine County, Florida:
You are hereby commanded to locate and take into custody Angry Andy of 792 Front Street, Our Town, Florida and return an affidavit to this Court confirming compliance.
DONE AND ORDERED this ___ day of ______________ 2021.
Hon. Barry Benchpounder, Circuit Judge
This Order will be obeyed by the Sheriff. Angry Andy will be found and hauled off to the jailhouse.
Orders may be as simple as this or comprise several pages describing individuals, property, evidence obtained by the court, special circumstances, almost anything.
They are commands … if properly written.
Who Writes Court Orders?
Orders are frequently written by a judge or a judicial staff member. Good judges take notes during hearings and trials. In most cases their orders are complete and correct.
But, that is not always the case. Sometimes an order does not comply with what was actually said or done at a hearing or trial or even with what the judge "said' he was going to order!
In a criminal case, a party disagreeing with what an order says needs to file an appeal promptly with transcripts sufficient to show what actually was said and done, what the judge "said" he would order, and a copy of the final order to show that it does not agree with reality. Criminal defendants cannot write orders.
In a civil case, however, a party who disagrees with what an Order says may file a Motion for Rehearing or Motion to Reconsider to correct what the order says. If such a motion is denied, the unhappy party needs to file an appeal (covered in another lesson. Do not go there yet!).
Whenever possible, at the conclusion of hearings or trial, you can offer to write a proposed order that agrees with reality. Your opponent will fight you on this, of course, because your opponent wants to write the proposed order. If he's a lawyer he will play that card, saying he's better qualified, but do not trust him!
In many years of fighting crooked lawyers, this caused problems that required quite a bit of back-and-forth haggling, so the following is recommended.
#1 … At the conclusion of any proceeding that result in the judge’s making a verbal decision, ask, “If it please the Court, is your final Order that the defendant shall within 10 days provide plaintiff with copies of his phone records for the year 2020?” (Or, of course, whatever you heard the judge rule verbally.)
After asking the judge to confirm what you understand the judge’s decision to be, offer to write the order. Expect your opponent to object. Remind the judge that the court stenographer has accurately recorded what the judge just confirmed and that you will accurately and honestly provide the written Order as it stands, without adding or subtracting anything.
Here is a sample order.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT
IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant.
____________/
Case No. 2012-123
Judge Benchpounder
ORDER TO PRODUCE
THIS CAUSE having come before the Court upon the motion of Defendant Danny Defendant for an Order requiring Plaintiff to produce documents, and the Court having heard argument of the parties and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that
1. Defendant's motion is granted.
2. Plaintiff is directed to produce copies of plaintiff's bank records for the entire year of 2020, including but not limited to all records of deposits, withdrawals, checks, and correspondence between plaintiff and plaintiff's bank.
3. Plaintiff is hereby directed to comply within 10 days from entry hereof.
DONE AND ORDERED this ___ day of ______________ 2021.
Hon. Barry Benchpounder, Circuit Judge
Copies to:
Peter Plaintiff, 9 Happiness Lane, Anywhere, Florida 33333
Danny Defendant, 99 Innocence Avenue, Anywhere, Florida 33333
[ envelopes provided ]
If you are pro se acting without a lawyer, you may have a difficult time if the other side has hired an attorney, since attorneys are supposed to be honest in their dealing with judges (but certainly are not in every case). If your opponent is also pro se, there should be no valid reason for the judge to deny you, since you are the one who requested the court to confirm what the Order needs to say.
If your opponent ends up being directed to write the Order, move the court to require your opponent to provide you a copy of the proposed order at least 3 days prior to the judge’s signing it … because the proposed order may not say what the judge confirmed. Yes, this does happen.
Must Court Orders be Obeyed?
That’s really a silly question.
Anyone can disobey.
And such persons may get away with it … if their feet are not held to the fire by parties who know what this course teaches.
A typical judge may sign dozens of orders in a single day! The judge does not check with the clerk every day to see which orders were obeyed and which had noses thumbed at them. Unless a judge takes a particular interest in a case and checks his files to see if a particular order was obeyed, nothing will be done if the order is ignored.
Unless …
It can be up to you to make certain court orders in your favor are obeyed. How to do this is covered in the class on Show Cause Proceedings.
This is YOUR power when you know what this course explains!
What is “Entry” of an Order?
In most jurisdictions this is an important point to remember.
A judge’s merely “signing” an order does not make the order fully effective.
Orders need to be filed with the court clerk, i.e., be officially “entered” in the court record, before being fully effective.
An order cannot be appealed until it is entered in the court record.
This may not often become an issue in your case, but it is worth remembering.
What is a “Certified” Order?
I was hired to protect two little boys from their father who was believed to have murdered their mother. He was said to be mistreating them by withholding medical treatment and requiring them to eat out of dumpsters.
I obtained an Order from the Chief Judge granting full custody of the boys to their grandfather, a respected member of the community.
I took the freshly signed order to the Clerk’s office for “entry” then obtained several “certified copies” of the Order.
Those “certified copies” are as effective as the original, commanding all who have notice of them that the Court has ruled and penalties await those who disobey or ignore such Orders.
When an Order is entered in your favor in a case, it may sometimes be a good idea to apply to the Clerk for at least one “certified copy” to retain in your files, and another to be “re-recorded” in the property clerk’s office (if the Order is a Judgment declaring that you are owed money).
What is a “Re-Recorded” Order?
A re-recorded Order creates a lien on the property of a judgment debtor.
It will remain effective as a lien until a set number of years (depends on the law of your state), after which it may be renewed for another number of years (depending on the law of your state).
So long as the re-recorded Order remains on the books, any attempt by the judgment debtor to sell property will result in a search of the Public Records and turn up the Judgment that must be satisfied before the judgment debtor’s property can be conveyed to a buyer with a clear deed.
If you obtain a Judgment against an opponent in court, be sure to have a “certified copy” re-recorded with the property clerk to secure your rights as judgment creditor.
When Can You Lien your Opponent’s Property?
Clearly, you cannot lien your opponent’s property without an Order. (Exceptions include mechanic’s liens, liens resulting from work done on your property by a contractor who provided you notice of his asserting a lien until his bill is paid in full, and such like liens.)
Otherwise, without due process and a court order, no lien can be imposed on your property or the property of another.
Many people mistakenly believe they can “lien” someone’s property simply by claiming that person owes them money. This can only get you into trouble. Filing a lien without legal basis is a crime in some states and can result in severe penalties.
Once a judge signs and enters an Order adjudging someone to owe you money, and you obtain and file a certified copy with the property clerk, you have perfected your lien and can move forward on it.
When Can the Sheriff Seize Your Opponent’s Property?
The technical term for this is “execution” which, technically, is a writ, i.e., an Order from the court giving the Sheriff (or Federal Marshals, if a federal case) authority to take possession of a judgment debtor’s property for the benefit of the judgment creditor.
A proper Order for this should include the words, “… for which let execution issue”.
When Can You Send Your Opponent to Jail?
This is explained in this class above.
Just remember to follow the proper procedures and, to save time and avoid unnecessary work, try to negotiate for the result you wish before jumping through all the hoops that are required to actually jail someone for disobeying a court order.
Never threaten anyone with jail time. That can get YOU in jail.
If negotiation fails, follow the procedures to obtain an order finding the rebellious order ignorer in contempt of court.
How do You Preserve Your Rights?
As you will learn throughout this course, preserving your rights is always a matter of making a written record in the court file.
Nothing else matters.
Only what’s in the court file has power to get you what you wish.
It’s that simple.
Conclusion
You have power!
Very few people in this world come even close to realizing how much power they have. As a consequence too many lose their freedoms, their property, their children, and even their lives … all because they do not understand what this course makes so easy to understand and use.
Court Orders are your Power to get Justice.
And Justice is the essential ingredient to enjoy Freedom and Liberty.
Keep learning, friend.
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