Tip No. 6 So you won the motion…now what?

As the prevailing party, or sometimes even if not, it is counsel’s responsibility to prepare a proposed order following a hearing on a motion.

 After the date of the hearing, whether or not there has been argument, the tentative ruling will be taken down. Usually, in the absence of an order prepared by counsel, the court’s register of actions will state only “motion granted” or “motion denied” – without identifying who brought the motion or the issue decided. This can be especially problematic if several motions in the same case were heard on the same date.

 Without your order identifying the motion and stating the grounds for, and the language of, the ruling, the ruling will be to all intents and purposes without legal effect (i.e. res judicata or collateral estoppel).