The Oklahoma Bar Journal January 2025

L aw P ractice B asics

Tasked With Drafting an Order for the Court? Start Here. By Claire C. Bailey O RDERS ARE THE VOICE OF THE COURT. They encapsulate and declare the court’s application of the law to the facts. Orders establish the rights and obligations of the parties and guide future proceedings, and some orders provide a basis for appellate review. Orders are a critical component of the record, which tells the story of the case. Therefore, all orders should fully and accurately reflect the court’s rulings.

review and follow the most up-to date rules. 1 A proposed order may take sev eral forms. Some local rules provide premade forms for certain adjudica tions. If using a form, ensure every applicable box is checked and every applicable blank is completed. A final order or an appealable inter locutory order is a jurisdictional prerequisite to the commence ment of an appeal. 2 Accordingly, such orders should provide a clear, comprehensive basis for review and should strictly adhere to the rules. A proposed order should never take the form of a minute order. 3 A deficient order will be reversed and possibly remanded for additional proceedings if it does not conform to the rules. This avoidable error strains the efficiency of the judicial system, and it taxes the parties financially and emotionally. An order is a chain link made of multiple components. As succinctly described by the North Carolina

Supreme Court: “Evidence must support findings; findings must support conclusions; conclusions must support the judgment. Each step of the progression must be taken by the trial judge, in logical sequence; each link in the chain of reasoning must appear in the order itself.” 4 For this reason, it is advis able to use the specific require ments from the rules or statutes as the organizational framework for a proposed order. Prior to seeking relief from the court, identify the applicable law, the required find ings of fact and the precise legal relief sought. This framework will assist in pursuing the appropriate relief and drafting the proposed order granting the relief, if so ordered by the court. A comprehensive order includes the following compo nents: case caption, reference to the motion under consideration, hearing logistics, court’s response, statement of disposition, approval

An attorney, as an officer of the court, may be charged directly by the court or by local or district court rule to draft a proposed order for the court’s signature. A proposed order is the work prod uct of the court and not of the drafting attorney, so it should be prepared in the neutral voice of an independent arbiter of the law. The attorney should honor the court by using articulate, objective legal writing that accurately reflects the court’s entire ruling and by thor oughly complying with all rules in the execution of the process. In the preparation of a proposed order, as in the broader practice of law, it is the duty of the attorney – to the client and the judiciary – to be cognizant of and adhere to the Supreme Court, district court, local and chamber rules. This article provides a basic framework for the preparation of a proposed order. It is not intended, however, to sup plant the due diligence required to

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL