subject: What Are The Differences Between Orders, Judgments And Stipulations [print this page] Every suit (or action) begins with the filing of a complaint. The complaint 'complains' of a problem or wrong for which it seeks the court to resolve. The complaint initiates a standardized process that may include hearings and that aims toward a trial on the issues of the complaint followed by the judge's resolution of these - unless the parties agree on a settlement. Orders, judgments and stipulations represent resolutions, some temporary, within this process.
*Order:
An 'order' is a decision rendered by a judge after a motion hearing where one side requests some temporary resolution on an issue of the complaint. Generally the judge will take what was heard at the hearing 'under advisement' which means he will render his order a few days later in writing. You should recognize that what the judge says during the hearing has no force of law. Only his written and signed order has the force of law.
The order may be wholly written by the judge or it may simply be his signature authorizing the submitted motion as 'allowed' - i.e. to be upheld as if ordered. Orders are generally temporary pending the final resolution of the complaint issues by judgment after the trial or by a court-ratified settlement.
*Judgment:
A 'judgment' is a final decision made by a judge on the issues of the Complaint after a trial on those issues where opposing sides each tried to prove their issues. It's devised and written up by the judge, signed by him and dated. If you are dissatisfied with the judgment, you must appeal it to the State's Appeals Court.
In order to appeal, you must submit a 'Notice of Appeal' within 30 days of entry of the judgment to the Family Court with a letter and copy of the notice to the Appeals Court announcing your intention to appeal.
*Stipulation:
A 'stipulation' is an agreement between parties that a certain fact may be considered true or accepted, or that a certain procedure may be followed in court. It is usually put in writing and ratified by the court. The word 'stipulation' applies to a divorce agreement, also called a 'divorce settlement'.
The divorce settlement of parties is a written agreement that resolves (settles) all the issues of the complaint for divorce. It is an agreement that is signed by the parties to the divorce. Nevertheless, the agreement must be ratified by a judge since divorce comes under the state's administrations that include ensuring that the children are financially cared for.
A divorce agreement ratified by a judge carries the full legal force of a judgment, so you must adhere to it. If your ex does not adhere to it, in part or in whole, you can file a complaint for contempt against her.
But realize that since both parties sign the agreement even though the judge ratifies it, it is not considered a product adjudged by the judge. Therefore, you cannot appeal the agreement since it is your agreement.
But if the circumstance change upon which the 'agreement' rested, you can file a Complaint for Modification of that settlement issue that is affected by the change.
