Can a judge change a order that he stated in court he wouldn't? 6 Answers as of February 08, 2012

Judge stated in court that an order would remain the same but when I got the order it was completely different. Is that legal?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
Yes, a Judge may change an Order that he has previously made in Court. This usually happens, however, after further hearing, or on notice to the parties that some change is imminent.
Answer Applies to: California
Replied: 2/8/2012
Attorney at Law | Ernest Krause
No. Get a hold of the court reporter and get a transcript to see exactly what the judge said. If there really is a contradiction ask the court clerk of your County if anything was sent out after the hearing in addition to the Order. If so, ask to see the proof of service. Then you will have to do a home made Petition asking for another hearing. You will serve copies of everything on all parties with proof of service. One hopes it doesn't get more complicated than that.
Answer Applies to: California
Replied: 2/8/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Judges like any other person can change their mind. Perhaps he /she made an error. talk to your attorney.
Answer Applies to: California
Replied: 2/7/2012
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
It depends on the kind of order you are talking about. Without knowing exactly what the order/issues are in your case it is hard to tell if there is an error in the order or if there is a miscommunication as to what is should be. The best thing to do is to contact an experienced criminal defense lawyer to fully evaluate your situation and see if there is any recourse to change the order.
Answer Applies to: California
Replied: 2/6/2012
Hammerschmidt Broughton Law | Mark A. Broughton
You need to be more specific. But I will say that sometimes the court clerk makes a mistake. I usually check the minute order before I leave court to make sure it is correct leaving. It is easier to correct it at the moment it is issued rather than coming back later. If you think the order is incorrect try going back to the court that issued the order. If they'll correct it, great. If not you may need to place the case back on calendar to have the judge fix it. On the other hand, perhaps you misunderstood the judge or his order at the time. If so, you're stuck with the judge's order. There are ways to further petition the judge but you will probably need a criminal defense attorney to do that.
Answer Applies to: California
Replied: 2/6/2012
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Generally any order a judge gives must be done only after a hearing (however brief) where both sides can give argument on it. If the order doesn't reflect the hearing, then that should be taken up with the judge. It may be a mistake that can be corrected. If not, at least an explanation on the record is in order so both parties can be heard and be clear on what is being ordered and why.
Answer Applies to: California
Replied: 2/6/2012
Click to View More Answers: