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Court changing order 3 mo. later.

Started by kitten, Jul 29, 2004, 02:27:07 PM

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kitten

My bf and his ex went to court April 7th for a bifurcation which was granted.  We have the written order and so does the court.  My bf just received a date change on the order for July 7th.  He gave it to his attorney and she said the court changed it and it does not appear that apposing counsel was involved.  We thought maybe she was because ex used bf's health insurance after April 7th.  Why would and how can the court just change the date on an order?  

socrateaser

More facts.

What date has been changed -- the date of the judge's signature on the order, or the time stamp that the clerk uses as the date/time of entry of the order, or some date specified within the text of the order, or what?




kitten

The date of the judges signature and the clerk's stamp that the new date was filed.  The date the order was made is crossed out and the new date stamped next to that.  

socrateaser

>More facts.
>
>What date has been changed -- the date of the judge's
>signature on the order, or the time stamp that the clerk uses
>as the date/time of entry of the order, or some date specified
>within the text of the order, or what?

Well, frankly I've never seen anything like what you describe. But, if you are adversely affected by the court's action, then you have the right to challenge the changed date on grounds that it is not a clerical error, and that it has a substantive detrimental effect on your interests.

I would start by writing a letter to the judge, and politely request an explanation -- copy the other party's attorney and file a copy with the court, or you won't get an answer.