Minute Orders: An Overview
Minute order describes the written record of the Court’s findings and orders resulting from a hearing. It includes the date of the hearing, parties and counsel present, the nature of the hearing, a summary of the Court’s ruling, and the documents that were reviewed in making the ruling. The minute order reviewed at the next hearing is subject to amendment for clerical mistakes and/or factual inaccuracies. The accuracy of the minute order can ensure that the parties are clear regarding exactly what the Court ordered at the prior hearing. Often , at the beginning of a hearing, the Court sets the status of an ongoing case. If the minute order has been prepared, the parties and the attorney for the party who appears first (typically the moving party) know at the start of the hearing what issues the Court has already ruled upon and what issues remain.
Elements of Minute Order
A minute order is a court order typically issued at the conclusion of a hearing. It recognizes an agreement between the litigants or court decisions made on the date of the hearing. The minute order does not contain any of the substantive details of the agreement or court’s decision. For example, if you had a family law matter about custody and child support, the minute order may state that the parties reached an agreement, and then provide the terms in bulleted form. So, it may state something like this:
Custody and Parenting Time:
- The parties shall share legal custody of the child.
- The parties shall share joint physical custody of the child.
- The parties shall have time with the child as if follows:
- Mother shall have the child every weekend from Friday at 6:00 p.m. to Monday at 8:00 a.m.;
- Father shall have the child every weekday from Monday at 8:00 a.m. to Friday at 6:00 p.m.
Child Support
Father agreed to pay child support in the amount of $250.00 a month commencing on July 1, 2018.
Please remember that the minute order is a court order. Even if you reach a deal with the other party, or you submit a stipulation or request for an order in court and the judge follows different parameters than your deal, the minute order will control. You must comply with the order, so it is important to make sure you are in agreement with it before the judge signs the minute order.
How Minute Orders are Different from Court Orders
While minute orders may seem like the less formal cousin of a formal court order, they nevertheless are important. At a minimum, a trial court judge should sign a minute order at the conclusion of every family court hearing, whether it is a pre-trial or post-trial hearing. A minute order acts as a record of the court’s proceedings. It allows the judge to provide written instructions to a party or attorney without the need for a more formal order, and it provides notice to the parties that the hearing is the end of substantive proceedings in the case, so they cannot bring further written submissions without permission of the court.
Unlike a formal court order, a minute order does not become an appealable judgment. The underlying ruling must eventually be incorporated into a formal written order, either by stipulation of the parties and approval of the court, or, if no stipulation is made, by the filing of a noticed motion by a party seeking a formal order encompassing the ruling. For example, if the magistrate ruled on issues concerning temporary spousal support and issued a minute order at the end of the hearing memorializing the ruling, a formal order will need to be prepared and filed with the court within 60 days if one of the parties wishes the order to be subject to appeal (and without the requirement of notice or a receiver to perfect an appeal).
Moreover, a minute order will become a part of the appellate record but only as it was the last order entered by the trial court, and will not be considered a separate reversible order for appeal purposes. A minute order is not automatically enforceable, whereas a formal order is, assuming it is not stayed. In other words, while a formal order will start accruing interest on any amount owing on its face, a minute order does not automatically accrue interest unless the statute or rules at issue make clear that interest applies.
Minute Orders in Family Law Matters
Many family law cases are not resolved at the initial hearing. The issue may be that the parties need to exchange additional documents, or the parties could not come to an agreement that day and the court has given the party with the burden of proof time to meet that burden. There may also be situations where the court has determined that some temporary relief is needed until the issues can be decided at a later hearing.
It is essential to remember that a minute order effectively sets out the court’s ruling on the issues heard that day. It is not uncommon for the parties to leave the courtroom only to receive alarming phone calls from the other party. They believed they had agreed to something different that day.
The minute order is a device that records the ruling for that day made by the court. It is important that you keep your copy of the minute order in a safe place for future monitoring.
Reading a Minute Order
When faced with deciphering a minute order, parties should first orient themselves as to the relevant dates contained in the order. 1) Today’s date, i.e., the date the minute order was prepared, can be found at the top of the court’s minute order to the way, way right. Second, try not to include the year when you are telling Time to T and T gets confused. (the parent always gets the first calendar year under the Family Code). 2) The date when the hearing or other action referenced in the minute order took place is generally either contained in the header or within the body of the minute order. 3) Next, determine which judicial officer(s) heard the matter. That’s usually at the top header or bottom footer. 4) Finally, the minute order will begin to break down the proceedings that took place on the hearing date by topic on a paragraph-by-paragraph basis. Although some judges use their own particular form of verbiage, there are certain words that are almost universal. For instance, if a minute order says the parties "conferred" it means they entered into a settlement agreement or stipulation. In contrast, if a minute order says the parties "discussed" it means they have not entered into an agreement and the judge either held a hearing or took no action on that topic. Similarly , if the minute order says the parties "argued" the judge heard the matter and denied a request of one party or the other. In that circumstance (if it’s a Judgement case), the minute order is the start of an appellate time clock of 30 days from the date of the minute order (different in a jury matter). If the minute order merely describes the parties "negotiated" the judge either: (1) gave the parties time to negotiate further, or; (2) the minute order was written by a clerk and thus did not reflect what actually happened in court. (So, don’t just start doing what the clerk wrote, try to confirm with your attorney that the Judge actually authorized the action in court first.) However, not every "minute order" is officially a minute order of the Court, despite the name it is given. Most of the time, if it says "minute order," it’s a minute order, although it will also be very informative and instructive to the parties. If the minute order gives the parties to do something but then is not signed by the Court, it’s a mere "tentative ruling." A tentative ruling is just that, tentative. A tentative ruling does not tell the reader precisely what the law or judge is. It is a suggestion for the parties to consider. The court must also sign any "order after hearing" as well as any judgment of the court. If the order or judgment is not so signed, it becomes final and binding on the parties.
Addressing Disagreements on Minute Orders
If you disagree with a minute order, you have various remedies available to you. First, you can file a noticing motion. You obtain the court’s permission to file by preparing a "Notice of Motion and Motion" on Judicial Council form FL-300. This is the same notice and motion you would use to bring a regular motion before the Family Court. So you would fill out that form, include a copy of the minute order being challenged, a brief declaration in support, and a Proposed Order signed by the judge, in addition to any other documents in support of your position, and file them with the court. The moving party must also serve all of these documents, plus a "Proof of Service" on Judicial Council form FL-335, on all other parties to the action.
How do you convince the court to undo a minute order? You have to show that it is unjust or in violation of some statute, court rule, or specific case law. You have to show the court that the minute order "is inconsistent with the judgment or order of the court . . ." Dunn v. Goodman (1995) 88 Cal.App.4th 1110, 1128. That will not be easy.
The second method of challenging a minute order is appealing it directly to the Court of Appeal. What does that entail? It’s like a mini-appellate process. You would have to call the Family Courts’ appellate division and have them send you the correct Judicial Council form to be filed with the court of appeal. Then you would have to pay a filing fee and follow all the other appellate filing procedures. This is the procedure used when the judge forgets or refuses to sign that proposed order you submitted, and you cannot get a minute order because of it. See Dunn v. Dunn (2014) 229 Cal.App. 4th 171, 178, footnote 4.
You have a third option as well: contact your local appellate division and request an "ex parte application". This is a short and easy motion to ask the judge to reconsider what was placed in the minute order. It is a short and simple procedure. You would file that Judicial Council Form FL-300 alone, without any supporting documents, and simply inform the judge of your position. Why? Because you don’t need to offer much proof or evidence. He or she already has all of that in front of him or her because the motion occurred immediately before; the judge was in the courtroom at the time, ready and willing to rule.
Common Questions About Minute Orders
Why do I need a Minute Order if the Court gave me a copy of the Court’s notes? Or an Order to Show Cause? Though the Court’s notes may be an accurate and thorough summary of the Court’s orders, it is not an official order that can be enforced. A Minute Order is the mechanism used by the Court to make its orders official, especially when a party is abusing the Court’s process.
Why do I need to pay for a Minute Order when the Court already has my Order to Show Cause/Notice of Motion? The Court does not generate Minute Orders for every pleading. In many cases, e.g. an Order to Show Cause, a Minute Order is not necessary because both parties are present in Court or the Court orders the parties to sign the Minute Order to verify its accuracy. When that is the case, there is no need for a court clerk to prepare a Minute Order to be signed. For uncontested matters, or the Court’s notes, a Minute Order is not automatically generated. When a Minute Order is generated, it will need to be signed by the Court, so no signature line is needed. Further, let’s say a party decides to sign the Minute Order but the other party contests the Minute Order. Unfortunately, the Minute Order will not accurately reflect the Court’s orders and must therefore be rescinded, wasting the Court’s time and increasing the Court’s costs (waste of judicial resources).
Doesn’t it take a long time for the Court to process an Order to Show Cause? The reason it takes a long time to process an Order to Show Cause is because the Court requires that your ex-spouse pay for the Minute Order to be prepared, as well as pay his or her proportional share of the Court fees related to the hearing.
How do I know that the Minute Order was properly signed? When the Minute Order is presented at the hearing, it is likely that the Minute Order is signed by a Deputy Commissioner of Child Support Services, Commissioner of Child Support Services, Family Support Commissioner, Judge, or Family Law Commissioner. This designation will be designated under their name on the Minute Order. If a Commissioner, Judge, or Family Law Commissioner signed the Minute Order, the order must be followed until the order is set aside. If you believe the Minute Order was improperly signed, you should file a Petition to Set Aside the Minute Order as soon as possible.
If a Commissioner, Judge or Family Law Commissioner signed the Minute Order, am I required to follow the Minute Order? If the Minute Order was properly signed and the Court documents were filed, you are obligated to follow the Minute Order until an appeal is granted. If the Minute Order is not signed by a Commissioner, Judge, or Family Law Commissioner, you have the right to contest the Minute Order.
Conclusion: How Minute Orders Can Affect You
Minute orders, while often overlooked, have significant impact on the future of a family court matter. Despite the name, these "orders," essentially, are orders and must be paid careful attention. Approach of this issue is essential for both parties. The parties themselves as well as their counsel need to pay careful attention to the exact instructions set forth in minute orders and proactively address any issues that arise rather than waiting for a future hearing to address a matter that has not been done properly.
In a best-case scenario , the parties will work together amicably and be able to avoid any disputes when it comes to minutia of compliance with a minute order. However, with very high frequency, compliance with minute orders becomes hot-button issues resulting in drawn out litigation.