Legal Question in Family Law in New Jersey

Five day rule

What is the 5 day rule in a divorce case?

Asked on 3/09/06, 6:48 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Five day rule

Once a Judge decides a Motion, one of the attorneys is designated to draft the written Order, which sets forth the Judge's decision. The Order is then sent to the Judge under the "Five Day Rule", meaning that if the other lawyer has an objection to the form of the Order [that is, if the lawyer believes that the written Order does not conform to the decision that the Judge put on the record in open Court], then he/she would object to same, by sending a letter to the Judge with proposed alternate language. Eventually, the objections are resolved and an Order is signed. This Rule applies to all decided Motions, not just Motions in the Family Part.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 3/09/06, 10:12 pm

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