Each time a divorce or family court matter is brought before a Rhode Island Judge designated to address that matter, the Judge almost universally checks the file, reviews the docket sheet and looks at the Orders entered in the matter to tell the story or the history of what has taken place before the particular matter is heard.
The importance of Rhode Island Family Court Orders can't be emphasized enough. It has often been said, "a court speaks through its Orders." Though Orders in a divorce or family law matter often summarize the majority of information contained "on the record" of the court (i.e. transcribed in real-time by the family court stenographer) this quotation carries substantial truth.
Thus, the importance of the wording of the Orders becomes even more significant because once an Order is entered, its language will tell the Judge not only the history of the case but it will tell the Judge the posture of the parties.
Here's where you or your attorney need to be on your guard when reviewing a proposed order or proposing an order in your case. You should review a proposed order carefully for wording and/or distortions that may look your position look less positive. You should also look for language that is slipped into an Order because it may have been discussed but not agreed upon or the Judge was less than definitive on in his or her ruling.
Typical examples are as follows:
The attorneys have a chamber's conference with the Judge to try to narrow and resolve some issues and agree to bring various offers to their clients to consider. The clients then approve the agreed upon terms and the attorneys confirm for the other attorneys and the judge that the terms are agreeable.
Then comes the scrutiny of the proposed Order. Assume a proposed Order comes in from an opposing party and it states that "after hearing thereon, and by agreement of the parties, the following is Ordered, Adjudged and Decreed."
In this instance your eyes should gravitate to the words "after hearing thereon".
Why? Because there was NO HEARING.
A hearing presumes either oral argument on the record of the court or a full hearing with live testimony on the witness stand. This did not occur here and a judge who is reviewing the file will assume that arguments were made by the parties or that testimony was taken, either of which justified the entry of the Order by the judge. This gives the judge a substantially different picture of the circumstances surrounding the entry of the Order than if the Order simply stated "by agreement of the parties." Strive for accuracy and as much positive language you can include that supports your position as possible.
In another instance . . .
[Exerpt] To read the complete Divorce & Family Law article click here -> Attorney Pearsall.com
Authored by:
Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI 02910
Phone: (401) 354-2369
Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.
NOTE: The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue. This site is based on Rhode Island and is presented for the convenience of the internet public.
* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.
