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    omgosh1962's Avatar
    omgosh1962 Posts: 2, Reputation: 1
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    #1

    Dec 9, 2010, 04:46 PM
    Obtaining a copy of a missing motion...
    I misplaced a copy of a motion ordered in a family law case back in 2008. When I went to the court file at the local court house, it was not there. Is it appropriate to ask the opposing attorney's office for a copy?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 10, 2010, 06:14 PM

    I'm wondering why it was not in the official court file. If it was an order signed by a Judge it SHOULD be in the official court file. Ask the Clerk at the Courthouse to see if the Order was entered into the Court Docket. If it was entered into the court docket system then it MUST be in the official court file.
    omgosh1962's Avatar
    omgosh1962 Posts: 2, Reputation: 1
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    #3

    Dec 14, 2010, 03:18 PM
    Comment on twinkiedooter's post
    All the clerk at the records department was to provide me with a table of contents of the entire file, and the order was not included. In fact, the only thing that was entered on that date was a substitution of attorney for the father in this case.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Dec 15, 2010, 08:20 AM

    Then the Order is not valid or it would have been entered into the official docket of the case. You can also go and physically look at each document in the official court file while you stand and read the file at the Clerk's Office. It's public information and anyone can just walk into the Clerk's office and ask to see the file. You can look in the file yourself and see if you can't find the Order you are talking about. Your original Motion should be in the file and then the original of the actual Order on the Motion signed by the Judge will be filed after the motion.

    Was there ever a formal hearing held on this motion?
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