A minute order is the legal term for a quick legal order or judgment given by a court in answer to a party’s motion. If a judge makes a ruling in the middle of a legal proceeding, typically in response to a motion or request from one of the parties, it will be taken down in the court clerk’s notes (also known as minutes). The written copy of this ruling will become the minute order.
Understanding Minute Orders
If you get involved in a legal proceeding in a family courthouse in Sacramento, a court reporter or court clerk will record all verbal exchanges that take place within the courtroom in a document that is typically referred to as “minutes.”
If the person presiding over the case makes any rulings during the hearing, these will be noted in the minutes. Afterward, copies of these rulings will be given to the involved parties. These will be known as minute orders.
Minute orders can exist in civil as well as criminal legal proceedings. In family law, they may occur as part of a divorce, child custody or child support hearing to rule on various motions. They are most common when there is no need or time for a full written court order. Reach out to our divorce attorney in Sacramento to learn more.
What Does a Minute Order Contain?
A minute order will list one or more rulings that were made by a judge during a court proceeding. It will contain all pertinent information regarding the order, as well as supporting laws that led to the ruling (if applicable).
In general, a minute order will contain the following:
- The name of the courthouse
- The case number
- A brief summary of the court action
- The date and time of the hearing
- The type of court case
- The name of the presiding judge or officer
- The judge’s ruling or decision
- The next court date, if applicable
- The name of the court clerk who created the record
All parties involved in a court proceeding are entitled to receive a copy of any minute orders that occurred in the courtroom. You or your family law attorney in Sacramento can read the copy of the minute order to fully understand the details and ensure your compliance with the court order.
Are Minute Orders Legally Binding?
Yes, a minute order is typically a legally binding decision made by the courts. Even though it is not given at the conclusion of the case and will not be signed by a judge, a minute order is an official ruling. It is created in the courtroom by the judge’s words. The party who entered the motion or made the request must abide by the ruling as stated in the minute order.
How to Respond to a Minute Order
In general, there is no need to respond to a minute order. Your only responsibility will be to adhere to its terms as the party who brought the motion. If you believe the minute order was recorded wrong or wish to change the decision, however, an attorney can guide you through the legal process involved.
If a minute order contains a mistake, your attorney can file a motion to review the order. If it is incorrect, the judge may modify the document. If you do not agree with the minute order, your attorney may file additional documents or motions to address the issue. Your lawyer can explain to the courts why you oppose the minute order, supported by facts and an explanation. Then, your attorney can help you prepare for the next hearing.
For more information about minute orders and how they may affect your particular case, contact us at Boyd Law for a case review in Sacramento.
