Q: Is a verbal order by a Judge on transcript as valid as a written and signed order filed in the Court?
This case involves probate/estate litigation:
The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of accounting she wanted to see and ordered the OC to provide this accounting in two months from the hearing. However, this specific request was not specified in the order after the hearing. Does that invalidate the Judge’s request/order? Is a verbal order on transcript by a Judge valid? Or was the order required to be written, signed, and filed in the Court to be valid?
A: It would be best if the Court's verbal instructions were reduced to a written order.
A: Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court and the adversary and provide the specific language from the judge and ask for a conference since the ruling is not being honored.
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