Full question:
In May of 2009 my fiance took his ex-wife back to court to get some visitation and child support issues taken care of. Her attorney agreed to produce a judgment, but to date our Clerk of Court says there has been no judgment recorded. She continues to threaten my fiance saying that he is in contempt of court, yet there is no signed judgment. She tells him that she has the court minutes and that they are as good as a judgment and he is in contempt. Is this true? Are the minutes/transcripts used for contempt even though there is no judge signed order? Thank you.
- Category: Divorce
- Date:
- State: Louisiana
Answer:
According to Louisiana Civil Procedure Rules, a judgment issued from the bench must be signed by the judge within twenty days. If the parties reach a compromise agreement in open court, the attorney must submit the judgment for signature within the same timeframe. If this does not happen, the attorney may face sanctions, but the orders made by the court still remain in effect.
In your situation, the absence of a signed judgment means that there is no formal order in place. Therefore, the court minutes or transcripts cannot be used to claim contempt without an official judgment. Your fiancé cannot be held in contempt based solely on the minutes, as they do not carry the same weight as a signed judgment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.