A proposed order template is a ready-to-sign draft you hand the judge after a ruling, built around a caption, a short block of “IT IS HEREBY ORDERED” clauses that track exactly what the court decided, and a signature line for the judge. The judge can sign it as written, revise it, or reject it. Most of the work is getting the substance to match the ruling and the format to match your court’s local rules; the rest is housekeeping.
Caption and Document Title
Every proposed order starts with the same caption used on the pleadings in the case: the court’s name, the case title, and the file number. Federal Rule of Civil Procedure 10 sets that requirement for pleadings, and courts apply the same expectation to proposed orders.1Legal Information Institute. Federal Rule of Civil Procedure 10 – Form of Pleadings Listing the first party on each side with “et al.” for the rest is standard practice when the caption would otherwise run long.
Pull the case number straight from the docket. A transposed digit can send the order into the wrong file or get it bounced by the clerk. Below the caption, add a title that identifies the document and ties it to the motion it resolves, like “Proposed Order Granting Defendant’s Motion to Dismiss.” Matching the motion’s title lets chambers staff connect the draft to the right filing without guessing.
Drafting the Ordered Clauses
The body of the order is the directive language, almost always introduced with “IT IS HEREBY ORDERED that…” followed by the relief the court granted. This is not the place for argument, background, or persuasion. Write it the way the judge would write it, not the way you’d write a brief. When the order covers more than one form of relief, give each directive its own numbered paragraph so every party can see exactly what they must do.
The language has to track what the judge actually ruled, not what you wanted the judge to rule. If the court granted partial summary judgment on two of your four claims, the order covers those two claims and nothing else. If the judge set a deadline from the bench, use the exact date, not a vague window. Precision prevents the other side from objecting and keeps the draft from coming back for revision.
A simple motion to compel or motion to dismiss can be resolved in a single ordered sentence. More complex rulings — injunctive relief, payment schedules, custody arrangements — need each obligation broken out in its own numbered paragraph.
When Findings of Fact Belong in the Order
Most proposed orders after routine motions do not need findings of fact or conclusions of law. Federal Rule of Civil Procedure 52 says the court is not required to state findings when ruling on motions under Rules 12 or 56, or on most other motions.2Office of the Law Revision Counsel. Federal Rule of Civil Procedure 52 – Findings and Conclusions by the Court Two situations always require them:
- Bench trials. When a case is tried without a jury, the court must find the facts specifically and state its conclusions of law separately.2Office of the Law Revision Counsel. Federal Rule of Civil Procedure 52 – Findings and Conclusions by the Court
- Preliminary injunctions. When granting or refusing one, the court must state the findings and conclusions supporting the decision.2Office of the Law Revision Counsel. Federal Rule of Civil Procedure 52 – Findings and Conclusions by the Court
When your proposed order follows one of those proceedings, structure the findings as numbered paragraphs laying out the key evidence the court relied on, then set out the conclusions of law explaining how those facts satisfy the legal standard. Judges often ask the prevailing party to prepare this kind of draft, and the finished document gets more scrutiny than an order after a routine motion.
Signature Block and Formatting
End the order with a signature block for the judge. Leave a blank line for the signature and a separate line for the date. Some courts want the judge’s printed name and title below the signature line, and courts using electronic signing may use placeholder codes instead of blank lines. Check local rules and any judge-specific standing orders for the exact layout.
Below the judge’s signature block, add the preparing attorney’s name and contact information so chambers knows who to call if the draft needs changes. A certificate of service or distribution list goes at the very end. Whether it’s mandatory depends on local rules; including one is always safer than omitting it.
Keep the formatting conservative. Standard one-inch margins, double-spaced text, and a common font like Times New Roman in 12-point or 14-point. Numbered paragraphs make it easier for the judge and opposing counsel to point to specific provisions when discussing changes.
Circulating to Opposing Counsel First
Many courts require the drafting party to send the proposed order to opposing counsel before submitting it to the judge. The point is to let the other side flag language that doesn’t match the ruling. It is not an invitation to relitigate the motion. The opposing party’s job is to confirm the order reflects what the court decided.
Review windows vary. Some local rules give the other side five days to approve or object; others allow up to twenty. If no response comes within the deadline, many courts let you submit the order anyway, with a short note explaining that you circulated it and heard nothing back. When the parties disagree on wording, some courts require a meet-and-confer before the dispute goes back to the judge. If that fails, both sides may submit competing proposed orders with cover letters explaining the disagreement.
Skipping circulation when local rules require it is one of the fastest ways to get a proposed order rejected. Judges don’t want to sign an order one side claims misrepresents the ruling when a simple review would have caught the problem.
Submitting the Order in the Right Format
Most federal courts use the Case Management/Electronic Case Files system, known as CM/ECF, for electronic filing.3United States Courts. Electronic Filing (CM/ECF) Proposed orders are usually uploaded as attachments to the underlying motion rather than filed as standalone documents, and many courts have a dedicated “Proposed Order” option in the filing menu.
File format catches a lot of first-time filers off guard. A large number of courts require proposed orders in an editable word-processing format like .docx or .wpd rather than PDF, because judges regularly modify the language before signing and an editable file lets them do that directly. Check your court’s local rules or the judge’s individual preferences. Submitting a flat PDF when the court expects a Word document can mean your order sits untouched until you resubmit.
Some courts also ask for courtesy copies sent to chambers by email or hand delivery. Deadlines for submitting the proposed order after a hearing vary by local rule, typically running from three to fourteen business days. Missing the window can forfeit your right to draft the order and let the opposing party submit their own version.
Staying Inside What the Court Actually Ruled
A proposed order that reaches beyond the ruling is not just sloppy. Under Federal Rule of Civil Procedure 11, every document submitted to a court carries an implicit certification that it is not presented for an improper purpose and that its factual assertions have evidentiary support. A proposed order that quietly adds relief the court didn’t grant, or recharacterizes the ruling in a way that favors the drafter, can trigger sanctions. Those sanctions can include monetary penalties, attorney’s fees for the other side, or nonmonetary directives.4Legal Information Institute. Federal Rule of Civil Procedure 11 – Signing Pleadings, Motions, and Other Papers
Rule 11’s safe-harbor provision gives the offending party 21 days to withdraw or correct the problematic filing after being served with a sanctions motion.4Legal Information Institute. Federal Rule of Civil Procedure 11 – Signing Pleadings, Motions, and Other Papers But a judge can also initiate sanctions sua sponte with an order to show cause. Draft to reflect the ruling, not the outcome you wanted.
Stipulated and Consent Orders
Not every proposed order follows a contested motion. When both sides agree on a resolution, the result is a stipulated order or consent order. The mechanics look similar, but the drafting is collaborative: both parties negotiate the language, both sign to indicate agreement, and they submit it jointly.
Judges are not rubber stamps for stipulated orders. The court can reject an agreed-upon order that conflicts with law, harms third parties, or appears to result from an imbalance in bargaining power. This comes up most often in class action settlements, consent decrees in civil rights cases, and family law matters involving children. If the judge has concerns, the draft goes back to both parties for revision.
The drafting difference is tone. A stipulated order recites that the parties have agreed, typically opening with a preamble like “The parties having stipulated and agreed…” before the ordered clauses. Both attorneys’ signature blocks appear alongside the judge’s, and the document should make clear that each party had the chance to review and approve the language.
After You File
Once the proposed order reaches the judge, one of three things happens. The judge signs it as submitted and it lands on the docket as a court order. The judge revises the language and signs the modified version. Or the judge rejects it and either asks for a new draft or writes the order independently. No party has a right to insist on specific wording. The judge controls the final text, and the order is not enforceable until the signed version is entered on the docket, no matter what was said from the bench.