Minute Orders Defined
Minute orders are less formal than a court order but they still hold significance in the case that they contain terms which require action by one of the parties. A minute order simply serves to put into writing what has taken place during the hearing and summarizes the decision made by the court. The order is then filed with the clerk of the court so that it becomes part of the record of the case. The applicant for the order has responsibility for ensuring that the court’s order is properly made . If the applicant does not prepare the minute order and file it with the court, the other party can do so.
The language that is used in a minute order is important because it identifies the terms of the agreement reached. It is not unusual for one person to later say "I did not agree to that" or "I thought the terms were different". The minute order is readily accessible and also has "teeth" to it. If the person who goes back on his or her word, the judge can be asked to enforce the terms of the minute order.
Court Orders Defined
Court orders are written directions to act or not act, which are issued by a judge. If an individual or entity ignores a court order, the court may impose significant monetary fines, additional legal fees, and other consequences. Court orders can refer to a wide range of legal matters including:
- Child custody
- Child support
- Spousal support
- Divorce
- Debt collection
- Asset division
- Bankruptcy
- Guardianship
- Adoption
- Conservatorships
- Eviction
- Foreclosure
- Injunction
- Personal injury
- Property settlement
- Restraining orders
- Small claims
- Theft
- Trusts
- Tax
- Wills and estates
- Traffic tickets
- Criminal sentences
- Bail
Most court orders are issued during an ongoing judicial court matter. However, sometimes a person can obtain a court order without an existing court matter, for example, by filing a motion to modify a previous court decision. When an event occurs that falls under a court order’s specified conditions, people are legally obligated to obey the court order.
Minute Orders Versus Court Orders: A Comparison
A minute order is a record produced by the Court during a hearing or trial where it sets forth the Court finding upon the matters presented and the conclusions drawn by the Court, including the Court’s rulings and orders. It is prepared by the Court either during the hearing itself, or shortly thereafter. A minute order is sufficiently formal in its contents to constitute a record of the proceedings in the court, and to certify as correct the oral proceedings concerning the points covered by the minute order. It is not simply a verbatim statement of what was said in the courtroom. For one thing, it is a written record of the proceedings and orders. A minute order differs from a formal order or judgment in that it merely records the action of the court on some particular matter at a specified time. A minute order signed by the judge and filed is evidence of the regularity of the proceedings up to the time the order was made, but does not constitute a judgment or final resolution of the action. However, an order signed by the judge and filed constitutes a judgment or final resolution of the action only as of the time the order is entered in the clerk’s minutes. (Cal. Rules of Court, rule 8.104(a)(2); see also Mcvicar v. Mcvicar (1985) 163 CA3d 121 0, 1220; Snapp v. Snapp (1975) 52 CA3d 224, 228, 124 Cal.Rptr. 869.) The terms "judgment" and "judicial act" as used herein include the making of any order or decree final in its practical effect.
The Impact of Minute Orders Versus Court Orders
Given the considerable differences in enforceability and potential impact on cases, parties must be careful not to confuse a minute order for a court order. A court order is a binding judicial determination, which the parties must follow. If they do not, the court can enforce its orders through a judgment and/or interpretative order.
On the other hand, a minute order is only an indication of an action taken or position at a specific moment. If the parties were to disobey or ignore a minute order, there would likely be no resulting sanction. A minute order might lack the same coercive power as a court order, but in many situations it could effectively bind the parties to a certain procedure or beginning fact. In this regard, a minute order can be helpful if one party seeks to clarify the phrasing of a court order.
Moreover, neither minute nor court orders in family court dissolve only by the happening of an action or specified date or by the passing of a term. In fact, a party may be able to obtain a court order through a petition to withhold disbursement from a sale of the property until the time for an appeal of the order has passed.
Of course, an appellate court usually has jurisdiction to issue a stay, but may not extend that stay if the judge believes a party has not shown good cause within 30 days of the original order. The party seeking the extension of the stay may have to show a likelihood of success on appeal and irreparable injury to continue enforcement of the order. Whether a party meets these requirements will depend heavily on the facts and circumstances of the case.
Appealing, Challenging, or Modifying Motions and Orders
Appealing or Modifying Minute Orders and Court Orders
To appeal or remove a minute order, a person must file a motion first. If the judge does not grant the motion, the person may be able to then file a petition for a writ of mandate with the Court of Appeal. The procedures for filing a motion are set out in CCP § 1008, but note that this statute only applies to civil litigation. Minute orders are frequently made in family law proceedings, and the procedures for appealing them are set out in Family Code § 217. This section permits a motion within 30 days of receipt of notice of entry of judgment, and Family Code § 1008 allows a party to bring a motion for reconsideration of an order made in a family law proceeding. Both Family Code § 217 and CCP § 1008 contain exceptions for "manifest misstatement[s] of fact" or "procedural errors" . The procedure for removing an entry of judgment for clerical error is set out in CCP § 473, which allows a court to do this, on its own, at any time. If the order was made by a clerk of the court, a party may seek to vacate it for correction under CCP § 663. Finally, note that even a minute order is entered as a judgment, it is the order itself, not the label attached to it, which determines appealability. (Citations.) For ICCs, appeals are governed under Family Code § 217, which lists the procedure for filing an "application for reconsideration or rehearing", and dictates the timing of an appeal once a ruling has been made, typically 60 days after the court’s entry of an order made as a result of reconsideration.
Typical Situations Involving Minute Orders
The most common place to find minute orders is in the preliminary hearings of all court case types. For example, a minute order will be generated to grant an extension of time to respond to a complaint. A minute order will also be generated for continuances and, in most instances, a minute order will be generated following an initial case management conference. In civil cases, for example, if a judge assigns a settlement conference or trial date, a minute order will be generated memorializing that date and the parties present for the proceedings. However, minute orders are also used for issues that arise after a case has made its way through the trial court system undeterred. For example, a judge extending a temporary restraining order or granting a request to dismiss without prejudice will also generate a minute order.
Assuring Court Order Compliance
While there is a distinction between any order made in court and the final order issued by a judicial officer, the fact remains that every effort must be made to comply with such orders of purpose. While the whole of the order must be complied with, do not assume because you are complying with certain aspects of the order, that you are in full compliance. Consider the example that a judge has ordered the parties to attend mediation after which an order will be made that properly reflects the outcome of the mediation. You must attend the mediation and do everything in your power to ensure you follow-through on the matter to have an order drawn up. Failing to do so may make you liable to pay costs to the other party for breaching an order. If the order is specific in its terms, a party must comply with the order in full or risk having costs awarded against them. Of course there may be circumstances where one of the parties cannot comply with one of the elements of the order for reasons beyond their control. In such cases , it is advisable that person attends court for the mention of the matter with a letter expressing their intention to comply with the order and a genuine explanation as to why they cannot comply. The court will then be in a position to appreciate a party’s genuine intention to comply with the order and will give that party some leniency when it comes to imposing costs. Non-compliance can also include undertaking the action that will lead to the order being complied with. It is only natural that parties will on occasion forget the order and/or its requirements. If that happens, a simple phone call to the party that is not complying may be all that is needed to ensure compliance. If the other party is refusing to cooperate, or account for their lack of compliance, a contravention application can be filed which seeks orders that the other party should have undertaken in the first place. Even if the orders asked for in this application are those that should have been made in the first instance, it becomes the responsibility of the non-compliant party to pay the legal costs that have been incurred as a result of bringing the application.