A Findings and Order After Hearing is a written court order signed by the judge that reflects the orders the judge made on the day of the Order to Show Cause hearing or Notice of Motion. On the day of the Order to Show Cause hearing the judge will usually order one of the parties or their attorney to prepare the Findings and Order After Hearing. Once the proposed Findings and Order After Hearing is prepared then it is submitted to the court for the judge’s signature.
You may following the steps below to prepare and obtain a Findings and Order After Hearing
The Minute Order is the court clerk’s notes of what the judge ordered on the day of your Order to Show Cause hearing. Generally, the judge will order the party who requested the hearing to prepare the written order. You or the other party will then need to prepare the written order for the judge to sign. This order is called a Findings and Order After Hearing. To prepare the Findings and Order After Hearing, wait 10 days after your hearing, then visit the clerk's office and request a copy of the Minute Order from the date of your hearing. The clerk will charge 25 cents per page. Generally, the minute order will be 1 or 2 pages long.
Once you obtain a copy of the minute order, you should review it to make sure it reflects exactly what the judge ordered on the day of your hearing. If you need clarification, then you may need to contact the court clerk or order a transcript of your hearing. The cost of the transcript is not waived.
The language contained in your Minute Order is very important because it must match the words on your Findings and Order After Hearing. If your Findings and Order After Hearing does not match the language on your Minute Order, then it is likely that the judge will not sign your Findings and Order After Hearing until it is corrected and the paperwork will be sent back to you.
The following are the most common forms necessary for you to prepare a Findings and Order After Hearing. Click on each form to complete, save and print.
If the other party or their attorney was present on the day of the Order to Show Cause hearing, then someone who is 18 years or older must mail a copy of the Findings and Order After Hearing to the other party or if represented, to their attorney. The person who mails the copy must complete, date and sign the FL-335 Proof of Service by Mail. Once the FL-335 Proof of Service by Mail is complete you may file the original with the court, along with the original Findings and Order After Hearing plus 2 copies (3 sets) and a self-addressed stamped envelope.
If the other party or their attorney was not present on the day of the Order to Show Cause hearing, then you do not need to file a FL-335 Proof of Service by Mail. You only need to file the original Findings and Order After Hearing plus 2 copies (3 sets) and a self-addressed stamped envelope. The original is for the court to keep and the 2 copies are to be returned to you after the judge signs.
If your documents were prepared correctly, you should receive 2 signed copies of the Findings and Order After Hearing within 4 weeks from the date you submitted your documents. If your documents were prepared incorrectly, the court clerk’s office will return all your documents along with a note stating what corrections are needed.
Someone who is 18 years or older must mail the other party or if represented to their attorney a signed copy of the Findings and Order After Hearing. The person who mails the copy must complete a FL-335 Proof of Service by Mail. You must then file the original FL-335 with the court clerk.
If child or spousal support was ordered and wage garnishment orders were signed by the judge, someone who is 18 years or older must mail to the obligor's employer a signed copy of the FL-195 Income Withholding for Support or FL-435 Earnings Assignment Order for Spousal or Partner Support in order for the employer to garnish wages to enforce the support order.
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