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How to file an overdue proposed Findings and Order After Hearing (FOAH)?

Problem:

So you hired an attorney or were filing a FOAH on your own and a significant amount of time has passed. You are unsure whether the opposing party was given a chance to review and approve it.. The clerks at the courthouse had you file it anyways or told you there was no point because there are some rules (California Rules of Court, Rule 5.125 [b]), and now you are stuck wondering what the correct procedure to get these orders filed and formalised would be.Well good news there is an answer.


Answer:

That rule from above? It requires you to send a copy of the order to the other party and give them an opportunity to review it and approve it as to form. If they don't return it in twenty days you can submit it to the court but you have to provide some information about how you gave the other party a chance to review it. Things like providing proof of service by mail when you submit the order usually suffice.

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