Print Version
Previous PageFile uploaded: 1/24/2019

Rule 26. Writtenorders, judgments and decrees.

 

(a) In all pretrialand post-conviction rulings by a court, counsel for the party orparties obtaining the ruling shall within 14 days, or within a shorter time asthe court may direct, file with the court a proposed order, judgment, or decreein conformity with the ruling.

 

(b) Copies of the proposedfindings, judgments, and orders shall be served upon opposing counsel beforebeing presented to the court for signature unless the court otherwise orders.Notice of objections shall be submitted to the court and counsel within fivedays after service.

 

(c) All orders,judgments, and decrees shall be prepared in such a manner as to show whetherthey are entered based on a ruling after a hearing or argument, the stipulationof counsel, the motion of counsel or upon the court's own initiative, and shallidentify the attorneys of record in the cause or proceeding in which thejudgment, order or decree is made. If the order, judgment, or decree is theresult of a hearing, the order shall include the date of the hearing, thenature of the hearing, and the names of the attorneys and parties present atthe hearing.        

 

(d) The trial courtshall prepare the final judgment and sentence, and any commitmentorder.  The trial court shall serve the final judgment and sentenceon the parties and immediately transmit the commitment order to the countysheriff.

 

(e) All orders,judgments and decrees shall be prepared as separate documents and shall notinclude any matters by reference unless otherwise directed by the court.

 

(f) No orders,judgments, or decrees based upon stipulation shall be signed or entered unlessthe stipulation is in writing, signed by the attorneys of record for therespective parties and filed with the clerk or the stipulation was made onthe record.

 

Effective November 1,2015