THE OKLAHOMA BAR JOURNAL 36 | JANUARY 2025 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. Tasked With Drafting an Order for the Court? Start Here. By Claire C. Bailey ORDERS 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. 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 product 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 thoroughly 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 supplant the due diligence required to review and follow the most up-todate rules.1 A proposed order may take several forms. Some local rules provide premade forms for certain adjudications. If using a form, ensure every applicable box is checked and every applicable blank is completed. A final order or an appealable interlocutory order is a jurisdictional prerequisite to the commencement 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 advisable to use the specific requirements 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 findings 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 components: case caption, reference to the motion under consideration, hearing logistics, court’s response, statement of disposition, approval Law Practice Basics
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