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September 22, 2007

How Long Before the Court Order is Issued?

When a family court judge or referee presides over a Minnesota family court hearing, he or she may let the parties and attorneys know the court's decision at the close of the hearing.  More often, however, the court will make known its decision later, after taking the matter under advisement.  When the court takes a matter under advisement, it may be necessary for the court and the court's staff to research a legal issue, dig a little deeper into the file for information on the facts and circumstances, or just plain give the matter some more thought. 

The family courts operate under a general guideline that the court order will be issued within ninety (90) days of the hearing.  That time frame is extended when there are additional submissions after the hearing, such as a legal memorandum, or specific documents that the court has requested.  In those instances, the court must issue the order within 90 days of the final submission.

That said, it is more common for the court to issue an order within one to two weeks for motions involving one or two issues, and several weeks for motions involving several issues and/or complex legal matters. 

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Gerald O. Williams

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