Orders are the voice of the court. They encapsulate and declare the court’s application of the law to the facts. Orders establish the rights and obligations of the parties and guide future proceedings, and some orders provide a basis for appellate review. Orders are a critical component of the record, which tells the story of the case. Therefore, all orders should fully and accurately reflect the court’s rulings.

An attorney, as an officer of the court, may be charged directly by the court or by local or district court rule to draft a proposed order for the court’s signature. A proposed order is the work product of the court and not of the drafting attorney, so it should be prepared in the neutral voice of an independent arbiter of the law. The attorney should honor the court by using articulate, objective legal writing that accurately reflects the court’s entire ruling and by thoroughly complying with all rules in the execution of the process.

In the preparation of a proposed order, as in the broader practice of law, it is the duty of the attorney – to the client and the judiciary – to be cognizant of and adhere to the Supreme Court, district court, local and chamber rules. This article provides a basic framework for the preparation of a proposed order. It is not intended, however, to supplant the due diligence required to review and follow the most up-to-date rules.[1]

A proposed order may take several forms. Some local rules provide premade forms for certain adjudications. If using a form, ensure every applicable box is checked and every applicable blank is completed. A final order or an appealable interlocutory order is a jurisdictional prerequisite to the commencement of an appeal.[2] Accordingly, such orders should provide a clear, comprehensive basis for review and should strictly adhere to the rules. A proposed order should never take the form of a minute order.[3] A deficient order will be reversed and possibly remanded for additional proceedings if it does not conform to the rules. This avoidable error strains the efficiency of the judicial system, and it taxes the parties financially and emotionally.

An order is a chain link made of multiple components. As succinctly described by the North Carolina Supreme Court: “Evidence must support findings; findings must support conclusions; conclusions must support the judgment. Each step of the progression must be taken by the trial judge, in logical sequence; each link in the chain of reasoning must appear in the order itself.”[4] For this reason, it is advisable to use the specific requirements from the rules or statutes as the organizational framework for a proposed order. Prior to seeking relief from the court, identify the applicable law, the required findings of fact and the precise legal relief sought. This framework will assist in pursuing the appropriate relief and drafting the proposed order granting the relief, if so ordered by the court.

A comprehensive order includes the following components: case caption, reference to the motion under consideration, hearing logistics, court’s response, statement of disposition, approval as to form by counsel and the court’s signature. The order must then be filed and served.

CASE CAPTION

The caption sets forth the name of the court, the names and designations of all parties, the case number and the title of the instrument.[5] The title of a final order should specify that it is a final order to assist the court clerk in the proper designation upon filing.

REFERENCE TO THE MOTION UNDER CONSIDERATION

Specify which claims, issues or filings are before the court, state the name of the motion exactly as it is captioned and include any prior orders that affect the current posture. For example:

Pending before the Court is Defendant’s Motion for New Trial on the denial of Defendant’s Motion for Summary Judgment.

This matter comes before the Court upon Plaintiff’s Motion for Temporary Injunction.

HEARING LOGISTICS

If the order is entered following a hearing, identify in general terms the information before the court. Include the evidence and argument presented along with the date of the hearing. For example:

The Court reviewed and considered the motion, the brief in response, the affidavits filed by the parties, and heard the oral argument of counsel at the hearing on September 5, 2023.

After reviewing the motion and Plaintiff’s response, the Court was presented with oral argument at the hearing on November 6, 2024.

COURT’S RESPONSE

The court’s response may include stipulations, findings of fact and conclusions of law. The court may prescribe procedures for the preparation of the proposed order and/or may direct the inclusion of certain language. When tasked with drafting the proposed order, it is prudent to seek guidance from the court at the hearing. Should you need additional guidance following the hearing, ensure your communication is not ex parte.

Findings of Fact

Findings of fact are not merely a recitation of the facts. Findings of fact specify the court’s resolution of disputed evidence. They should be accurate, concise and related to the specific relief granted or denied. To improve accuracy, take contemporaneous notes during the hearing or review the transcript of the hearing, if available, prior to drafting the order. Specify the source for numbers used in any mathematical calculations and include references to exhibits or testimony that support the findings of fact.

Relevant statutes may provide an organizational framework by dictating the inclusion or exclusion of specific requirements. Orders that grant attorneys’ fees, provide for relocation or address domestic abuse must include findings of fact. On the other hand, orders that grant summary adjudication – which is based on a lack of disputed facts – never include findings of fact. Any facts in a summary adjudication order should be denominated as “uncontested facts.”

Findings of fact are comprised of three parts: an explanation of the conflict, a recitation of the pertinent fact(s) and the court’s finding. For example:

The parties disagree about …

There is a dispute regarding …

Plaintiff claims …, while Defendant claims …

The evidence showed …

The court finds …

The court finds the greater weight of the evidence supports …

The court finds Plaintiff has not met its burden of proof on this issue.

Conclusions of Law

Clearly state the law that controls the court’s decision and use the correct citation to the law to build credibility.

Statutes are regularly amended, so citing the applicable version is essential. To locate the applicable version on the Oklahoma State Courts Network (OSCN), scroll down to “Historical Data” toward the bottom of the statute. Oklahoma Statutes are recodified each decade. The most recent recodification occurred in 2021. Accordingly, unless there is a reason to cite an older version of the statute or the specific statute has been supplemented since that time, cite to 2021. For example:

12 O.S. 2021 §2401.

85A O.S. Supp. 2025 §13(D).

Citations to case law should include references to two reporters: the Oklahoma Reporter and the Pacific Reporter. The Oklahoma Reporter will include the paragraph number, and the Pacific Reporter will include the page number. The paragraph number is available on OSCN but not always on Westlaw. Using both OSCN and Westlaw takes time, but it bolsters your work and credibility. For example:

Wille v. GEICO Casualty Co., 2000 OK 10, ¶10, 2 P.3d 888, 891.

Whisenant v. Strat Land Expl. Co., 2018 OK CIV APP 65, ¶9, 429 P.3d 703, 706.

STATEMENT OF DISPOSITION

The disposition is the operative portion of the order that grants or denies relief. It should precisely outline the liabilities and obligations imposed on the parties, granting no more or less relief than the court intended.[6] For example:

For the foregoing reasons, the Court finds Defendant’s Motion to Dismiss fails on the merits. Defendant’s Motion to Dismiss is denied. IT IS SO ORDERED.

IT IS THEREFORE ORDERED Plaintiff is entitled to a declaratory judgment. The Court hereby enters judgment in favor of Plaintiff and against Defendants on Plaintiff’s Petition for Declaratory Judgment.

APPROVAL AS TO FORM BY COUNSEL

Counsel for all interested parties or pro se litigants must sign the proposed order. This is straightforward if the order is an agreed order. If the order is not agreed, the order is signed as to form indicating that while a party does not agree with the court’s findings and disposition, the party acknowledges the order accurately reflects the court’s decision.

The attorney charged with preparing the proposed order has a duty to be prompt in providing the proposed order to opposing counsel for signature.[7] The court or local rules may provide a specific deadline. If no time is prescribed, 20 days is more than sufficient. If the opposing counsel is assigned the preparation of the proposed order and too much time lapses, follow any pertinent local rules to address the situation. If none exist, a friendly reminder email or letter is appropriate. If the delay persists, a motion seeking relief from the court may be in order. If counsel cannot agree on the wording of the order, a “motion to settle” is typically required.

COURT’S SIGNATURE

Submit the proposed order for the court’s signature. The court may request an electronic version of the proposed order to enable revisions and modifications prior to approving and signing the order.

Provide the date immediately above a line for the court’s signature. Include the name of the judge and the title of the court.[8] For example:

Signed this ___ of February, 2025.

 

__________________________

The Honorable [Name of Judge]

Judge of the District Court

 

FILING AND MAILING

Once the order is fully executed, it must be filed. A file-stamped copy must then be served on all parties by the attorney charged with preparing the order, unless otherwise directed by the court, no later than three days after the order is filed.[9] The certificate of service must also be filed with the court clerk.[10]

Note that a proposed order is only proposed and should never be filed on its own. If filed, it should be filed only as a clearly marked exhibit to a motion.

CONCLUSION

Orders serve as the official declaration of the court’s decision. When tasked with drafting an order of the court, endeavor to capture the court’s complete ruling in a clear, objective voice while strictly complying with all applicable rules. Follow a logical structure with evidence supporting findings, findings supporting conclusions and conclusions leading to the judgment. And finally, in this noble profession of ours, relish in the honor of being entrusted to give voice to the court’s order.

---

ABOUT THE AUTHOR

Claire C. Bailey is a staff attorney at the Oklahoma Court of Civil Appeals. Previously, she practiced law in Cleveland and Oklahoma counties with a focus on estate planning and civil trial litigation. She is a graduate of OSU and the OU College of Law.

 

 

 

 

---

ENDNOTES

[1] A good place to begin is a review of your local rules, District Court Rule 4, 12 O.S. 2021, Ch. 2, App., and 12 O.S. 2021 §§696.2, 696.3, including the statutes found on OSCN in the Citationizer Summary of Documents Citing This Document for §696.2 and §696.3 that address specific circumstances. For information regarding appealable orders, see Supreme Court Rules 1.20, 1.50 and 1.60.

[2] 12 O.S. 2021 §696.2(D)(E).

[3] Mansell v. City of Lawton, 1994 OK 75, ¶1, 877 P.2d 1120, 1120-21.

[4] Coble v. Coble, 300 N.C. 708, 714, 268 S.E.2d 185, 190.

[5] 12 O.S. 2021 §696.3(A)(1).

[6] See 12 O.S. 2021 §696.3(A)(2).

[7] Oklahoma Rules of Professional Conduct Rule 1.3, 5 O.S. 2021, Ch. 1, App. 3-A.

[8] 12 O.S. 2021 §696.3(A)(3).

[9] 12 O.S. 2021 §696.2(B).

[10] See 12 O.S. 2021 §2005 for more information regarding service.