What is the name of your state (only U.S. law)? KS
After a court hearing on child support before a district court judge, the Judge for the most part ruled in my favor. He gave the job of the Journal Entry to opposing attorney. That was on March 2, 2009. We are currently past the 10 days as no other time was stated. According to Rule 170:
Rules Adopted by the Supreme Court
Rules Relating to District Courts
Rule 170
Trials and Related Matters
Journal Entries and Orders
(a) In all cases where the judge directs that the judgment be settled by journal entry pursuant to K.S.A. 60-258, it shall be prepared in accordance with the directions of the judge. Counsel preparing the journal entry shall, within ten (10) days, unless another time is specifically directed by the judge, serve copies thereof on all other counsel involved. At the time of service, counsel preparing the journal entry shall file with the court a notice stating the date the proposed journal entry was served, attaching a copy of the proposed journal entry. Counsel upon whom a proposed journal entry is served shall, within ten (10) days after service is made, serve on the counsel preparing said journal entry any objections in writing. At the expiration of the time for serving objections, counsel preparing said journal entry shall submit the original, together with any objections received, to the judge for approval. If counsel cannot agree as to the form of the journal entry, the judge shall settle the journal entry after such hearing, if any, as the Court deems appropriate and necessary.
(b) If a party is not represented by counsel, service on the party will comply with this rule.
(c) Orders or other documents containing rulings of the judge other than judgments shall be prepared in accordance with the directions of the judge.
(d) Every order, journal entry or judgment that changes the ownership or title to real estate shall contain on the margin of the first page the notation "TITLE TO REAL ESTATE INVOLVED."
I sent the opposing attorney a 'golden letter' (copied the court) reminding him that he was now out of compliance with Rule 170 and to please complete the JE. He did not respond. What should I do next? Motion to Compel, Disciplinary complaint, or something else? Any suggestions?
After a court hearing on child support before a district court judge, the Judge for the most part ruled in my favor. He gave the job of the Journal Entry to opposing attorney. That was on March 2, 2009. We are currently past the 10 days as no other time was stated. According to Rule 170:
Rules Adopted by the Supreme Court
Rules Relating to District Courts
Rule 170
Trials and Related Matters
Journal Entries and Orders
(a) In all cases where the judge directs that the judgment be settled by journal entry pursuant to K.S.A. 60-258, it shall be prepared in accordance with the directions of the judge. Counsel preparing the journal entry shall, within ten (10) days, unless another time is specifically directed by the judge, serve copies thereof on all other counsel involved. At the time of service, counsel preparing the journal entry shall file with the court a notice stating the date the proposed journal entry was served, attaching a copy of the proposed journal entry. Counsel upon whom a proposed journal entry is served shall, within ten (10) days after service is made, serve on the counsel preparing said journal entry any objections in writing. At the expiration of the time for serving objections, counsel preparing said journal entry shall submit the original, together with any objections received, to the judge for approval. If counsel cannot agree as to the form of the journal entry, the judge shall settle the journal entry after such hearing, if any, as the Court deems appropriate and necessary.
(b) If a party is not represented by counsel, service on the party will comply with this rule.
(c) Orders or other documents containing rulings of the judge other than judgments shall be prepared in accordance with the directions of the judge.
(d) Every order, journal entry or judgment that changes the ownership or title to real estate shall contain on the margin of the first page the notation "TITLE TO REAL ESTATE INVOLVED."
I sent the opposing attorney a 'golden letter' (copied the court) reminding him that he was now out of compliance with Rule 170 and to please complete the JE. He did not respond. What should I do next? Motion to Compel, Disciplinary complaint, or something else? Any suggestions?