NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order on Motion for Clarification of Prior Order for Possession or Access
On [date] the Court considered the Motion for Clarification of Prior Order for Possession or Access of [name of movant], Movant.
Appearances
Movant, [name of movant], [include if applicable: friend of the court,/[specify agency],]
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Select one of the following. |
appeared in person and through attorney of record, [name], and announced ready for trial.
appeared through attorney of record, [name], and announced ready for trial.
appeared in person and announced ready for trial.
Respondent, [name of respondent],
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Select one of the following. |
appeared in person and through attorney of record, [name], and announced ready for trial.
appeared in person and announced ready for trial.
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If other parties were notified, include the following for each as applicable. |
[Name], [relationship or capacity],
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Select one of the following. |
appeared in person and through attorney of record, [name], and announced ready for trial.
appeared through attorney of record, [name], and announced ready for trial.
appeared in person and announced ready for trial.
failed to appear, although duly notified.
Proceedings
All matters of law and of fact were submitted to the Court, and the Court heard the evidence and considered the pleadings and argument of counsel.
Jurisdiction
The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.
Record
The making of a record of testimony was waived by the parties with the consent of the Court.
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Or |
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
Findings
The Court finds that the prior order should be clarified as ordered below and that [name[s]] should be ordered to comply with the terms of this clarifying order by [date], which the Court specifically finds is a reasonable time for compliance, after which this clarifying order may be enforced by contempt.
Orders
IT IS ORDERED that [specify].
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Set out in specific language the complete terms of the clarifying order. Be sure that the clarifying order does not substantively modify the prior order and that all terms necessary for an enforcement action are incorporated. |
IT IS FURTHER ORDERED that all terms of the prior order that are not clarified in this order shall remain in full force and effect. IT IS FURTHER ORDERED that [name[s]] shall comply with the terms of this clarifying order by [date], after which the terms of this clarifying order may be enforced by contempt.
IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay those fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.
IT IS FURTHER ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, for which let execution issue if not paid.
Relief Not Granted
All relief requested and not expressly granted is denied.
SIGNED on ___________________________________.
JUDGE PRESIDING