Is a Transcript Signed By The Judge The Same As a Court Order

[NewOrleansgirl2]

There is a transcript after the consent judgement stipulations have been read in the record of the court (divorce case). I am asking my attorney to submit a judgement to the court that he prepared. The other side was faxed the judgement copy but they did not respond, so now he can just submit it to the court. He does not want to do that. he says, however, that he will take the transcript to the Judge and will make him sign off on it to make the transcript the court order. Is that the same or different (does it have all the same priveleges this way as the Judgement would?
I don't know why he doesn't want to submit the Judgement to the court.
Thanks

[aaron]

Court procedures are different in each state. Perhaps this is something your state allows.

[NewOrleansgirl2]

it's in Louisiana. Please, help me to clarify that.

[Mr. Knowitall]

I don't see anything that specifically allows that in Louisiana, but I don't see any reason why a court couldn't enter a transcript or a portion thereof as an order, either directly (if properly captioned) or by reference through an order which references the (probably attached) transcript pages. Your lawyer is probably proposing this to prevent any potential back-and-forth about what the judgment should or should not appropriately say. (Ask him. )

[NewOrleansgirl2]

Hi,

Thanks for your reply. So, to clarify - if some agreements were made in court, on record and we were sworn in, it doesn't automatically become a court order?

Thanks

[aaron]

Normally the statements made on the record are reduced to an order, the terms of which are ideally approved by both parties, before being entered by a court. That, apparently, was the original plan for your order.

[kandi6]

After many court hearings, a "minute order" is prepared by the clerk and signed by the judge. It summarizes the proceedings and suffices as an order. Personally, I don't think a signed transcript could become an order. However, your attorney could very easily create a document entitled Order for ___, and simply state that attached hereto is a true and accurate copy of the court transcript, which specifies "blah, blah - reiterating what the court's ruling was." You might go to court and request to see the file and see if there is a minute order of that hearing already there.