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Suggestions for efiling a Proposed Order for the Court to Sign (First Circuit)

Posted on Nov 14, 2019 in Uncategorized

This is a suggestion on how you should efile a proposed order for the court to sign in 1st Circuit Court.  Proposed orders can be electronically submitted to the court generally in two circumstances:  (1) a free standing order, judgment, or findings disposing of a motion or matter that the prevailing party prepares after a hearing and (2) an order that is included as part of a lead document, such as an ex parte motion.  In both cases, HEFSR 9.1 requires that the submission be clearly marked as “proposed” and submitted through JEFS.

Under circumstance no. 1 (free standing order), the efiler should use a “cover sheet” procedure.  See Attachment 1.  Note that the word “proposed” only appears on the cover sheet and NOT in the title to the actual order that is attached to the cover sheet.

Under circumstance no. 2 (the order is included as part of a lead document, such as an ex parte motion), the efiler should use Attachment 2.  Note that the word “proposed” only appears on the first page of the motion in the document inventory section of the caption.  And, once again, the actual order to be signed, which is attached to the motion, SHOULD NOT include the word “proposed” in the title to the actual order itself.

To comply with HEFSR 9.1, the word “proposed” should only appear on the first page of the efiled document, whether you use Attachment 1 or 2.   And the word “proposed” should never appear in the title to the actual order to be signed by the court.

Finally, all lawyers submitting a proposed order in JEFS should remember to designate on the JEFS efiling screen the appropriate category and document type that corresponds to the kind of order you are efiling.  The category and document type options for you to select are:

CATEGORY DOCUMENT TYPE
DOCUMENT Proposed Order
Proposed Find Facts,Cncl of Law
Proposed Jury Instructions
Proposed Document

JUDGMENT Proposed Judgment

Please do not select “Proposed Document” option unless none of the other specific Document Types listed correspond to the document you intend to efile.