A proposed order template is a draft ruling you prepare for the judge to sign, submitted with a motion or after a hearing so the court has ready-made language to formalize its decision. It has no legal effect until signed, and the judge can edit it, replace it, or reject it. A workable one has five things: an accurate caption, a truthful preamble, mandatory ordering clauses that match the relief requested, a properly spaced signature block, and compliance with the local rules of the court where you’re filing.
Caption and Title Block
Federal Rule of Civil Procedure 10 requires every pleading to include the court’s name, the title of the action, the file number, and a designation identifying the document.1Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings Rule 7 extends those caption requirements to motions and other papers, which covers proposed orders.2Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers
The caption contains three pieces of identifying information:
- The full name of the court where the case is pending, for example, “United States District Court for the Northern District of Illinois.”
- The case title, typically “Plaintiff v. Defendant.”
- The docket number assigned when the case was filed.
Below the caption, the title block tells the clerk and judge what the document is. Be specific. “Proposed Order” alone is vague. “Proposed Order Granting Plaintiff’s Motion to Compel Discovery Responses” tells anyone looking at the docket exactly which request this order resolves. Match the title to the underlying motion.
The Preamble
The preamble is the introductory paragraph that recites what the court reviewed before ruling. A standard version reads: “This matter having come before the Court on Plaintiff’s Motion to Compel, and the Court having reviewed the motion, the response, and all supporting documents, and being fully advised in the premises…” Phrasing varies by jurisdiction. Some judges prefer “Upon consideration of…” while others use “After notice and hearing…” when the matter was argued orally.
Keep the preamble accurate to the actual procedural record. If there was no hearing, don’t reference one. If no response was filed, say so. The preamble establishes the procedural foundation for the ruling and can matter on appeal, so misrepresenting what the court considered is a quick way to lose credibility with chambers.
Drafting the Ordering Clauses
The ordering clauses are the enforceable heart of the document. They typically begin with “IT IS HEREBY ORDERED THAT” and spell out what must happen, who must do it, and by when.
Three principles separate effective ordering clauses from ones that create problems:
- Use mandatory language. Every directive should use “shall” or “must,” never “should” or “may.” An order saying a party “should produce documents” is practically unenforceable. “Defendant shall produce all responsive documents within fourteen days of the date of this Order” leaves no room for interpretation.
- Include concrete deadlines. “Promptly” and “within a reasonable time” invite the next dispute. Use a specific number of days measured from the date the order is entered.
- Match the relief to the motion. The ordering clauses can only grant what the underlying motion asked for. If your motion sought production of financial records, the proposed order cannot also direct the opposing party to sit for a deposition. Overreaching gets proposed orders rejected or rewritten by the other side.
When a motion seeks multiple forms of relief, break each directive into its own numbered paragraph. Numbered paragraphs make the order easier to enforce selectively and let the judge strike or modify individual items without rewriting the whole document.
When Findings of Fact and Conclusions of Law Are Required
For most motions, the ordering clauses are all the court needs. Federal Rule of Civil Procedure 52 requires separate findings of fact and conclusions of law in any case tried without a jury, including bench trials and cases heard by an advisory jury, and in any ruling granting or denying a preliminary injunction.3Legal Information Institute. Federal Rules of Civil Procedure Rule 52 – Findings and Conclusions by the Court; Judgment on Partial Findings
Rule 52 specifically exempts rulings on motions to dismiss and motions for summary judgment from the formal findings requirement.3Legal Information Institute. Federal Rules of Civil Procedure Rule 52 – Findings and Conclusions by the Court; Judgment on Partial Findings If you’re drafting a proposed order on summary judgment, you generally don’t include proposed findings. If the court held a bench trial or an evidentiary hearing on a preliminary injunction, your proposed order should include a findings section walking through each factual determination and a separate section stating the legal conclusions those facts support.
Draft findings carefully. Appellate courts review a trial court’s findings of fact under the clearly erroneous standard, so the language you propose may define the record for years.
Proposed Order or Proposed Judgment
An order resolves a specific motion or issue within an ongoing case. A judgment is the final disposition that closes the case or resolves a separate claim within it. Federal Rule of Civil Procedure 58 generally requires that every judgment be set out in a separate document.4Legal Information Institute. Federal Rules of Civil Procedure Rule 58 – Entering Judgment
If your motion will end the case entirely, such as a successful motion for summary judgment on all claims, you likely need to submit both a proposed order granting the motion and a separate proposed judgment. If the motion resolves an issue but the case continues, such as a motion to compel or a motion to exclude evidence, a proposed order alone is correct. Local rules and the assigned judge’s individual practices will specify which documents chambers expects.
Formatting and the Signature Block
Every court has its own formatting rules, and failing to follow them is one of the most common reasons proposed orders get kicked back. Requirements vary, but the overwhelming majority of trial-level courts expect 8.5-by-11-inch paper, at least one-inch margins, 12-point font in a readable typeface like Times New Roman, and double-spaced text. Many courts require a larger top margin on the first page for the clerk’s filing stamp.
Leave adequate space at the bottom of the final page for the judge’s signature. Many courts expect at least two inches of blank space for the electronic signature and date stamp. Do not pad the space with text, and do not add a blank page if the text runs too close to the bottom. Move the last line or two to a new page so the signature block has room.
The signature block typically includes a line for the judge’s signature, the judge’s printed name, the judge’s title, and a line for the date. Leave both the signature line and the date blank. Below the judge’s signature area, include a line reading “Presented by:” followed by your name, bar number, and contact information so the court knows who drafted the document.
These are general conventions. Local rules may differ on font type, margin width, or how the signature block should look. Check local rules and any individual judge requirements before submitting.
Circulating to Opposing Counsel
In many jurisdictions, the prevailing party must circulate the proposed order to opposing counsel before submitting it, and opposing counsel signs a line reading “Approved as to form.” The opposing party is not agreeing with the outcome. They are confirming that the written order accurately reflects what the judge actually decided.
If opposing counsel refuses to approve the form, or if the parties disagree about the language, most courts require the submitting party to notify the court of the dispute. The prevailing party typically submits its version with a brief explanation of why the parties could not agree, and the judge resolves it.
For stipulated orders, where both parties have agreed on a resolution, both attorneys (or both parties if self-represented) should sign before submission. That shows the court the agreement is genuine and voluntary.
Skipping the circulation step when it’s required is a reliable way to have the order rejected without review. Check local rules to confirm whether your jurisdiction requires this step and how many days opposing counsel has to respond.
Filing and Submitting to Chambers
Submitting a proposed order often involves two separate steps, and many litigants complete only one.
The first step is filing the proposed order through the court’s electronic filing system, typically as a PDF attachment to the underlying motion or under a dedicated event like “Proposed Order” or “Notice of Lodging.” That puts the document on the official docket and provides notice to the parties. Whether the PDF should be text-searchable or locked varies by court.
The second step, required by many courts, is emailing an editable version, usually in Microsoft Word format, directly to the judge’s chambers. Staff needs an editable file to make revisions before the judge signs. Courts that require this publish a dedicated chambers email address for the assigned judge. The subject line should include the case name, case number, and document title. Don’t attach anything beyond what chambers specifically requests.
When a judge issues an oral ruling from the bench, many courts give the prevailing party a set number of business days to submit the proposed order memorializing that ruling. Three to five business days is common. Miss the window, and the other side may draft it instead.
Service
Federal Rule of Civil Procedure 5 governs service on other parties. When you file through the court’s electronic filing system, no separate certificate of service is required because e-filing automatically serves all registered parties. If you serve by any other method, such as mail or hand delivery, you must file a certificate of service stating the time and manner of service.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Service matters beyond rule compliance. If the opposing party didn’t receive the proposed order and the judge signs it, that party has a strong argument for vacating the order on due process grounds. Make sure every party in the case receives a copy, and keep proof.
Common Drafting Mistakes
Chambers staff see the same errors repeatedly. Avoiding these puts your draft ahead of most submissions:
- Overreaching on relief. The order grants something the motion didn’t ask for. Stick to what you actually requested.
- Vague deadlines. “Within a reasonable time” produces the next motion to compel. Use a specific number of days measured from entry of the order.
- Wrong procedural posture in the preamble. Referencing a hearing that didn’t happen, or documents the court didn’t review, undermines the whole order.
- No room for the judge to sign. Cramming text to the bottom of the last page is a near-automatic rejection.
- Permissive language. “Should,” “may,” and “is encouraged to” don’t belong in ordering clauses. Courts enforce directives, not suggestions.
- Ignoring local formatting rules. Wrong font, wrong margins, or the wrong filing event, and many courts won’t read further.
- Skipping circulation. Submitting without “approved as to form” in courts that require it wastes everyone’s time.