EDCR 5.706

(a) Unless otherwise ordered:

(1) The party obtaining an order, judgment, or decree shall have 7 days to prepare it and request the countersignature of the opposing party as to its form and content.

(2) The opposing party shall then have 7 days to countersign or otherwise respond.

(b) Unless otherwise ordered, if unable to obtain the countersignature of the opposing party within 7 days, the drafting party may directly submit the proposed order to the court, copied to the opposing party, accompanied by an explanation of the attempts made to obtain the countersignature in substantially the following form:

(1) Enclosed please find our proposed Order from the __________________ hearing. Despite attempts to prepare a countersigned Order, we were unable to obtain a countersignature.

On [date], we sent our proposed order to the opposing party for review; we received no response. Despite a reminder letter on [date], the opposing party has not responded. We have attached the relevant correspondence.

Having reviewed the court minutes and the hearing recording, we believe the attached proposed Order complies with this court’s orders and so submit it without the signature of the opposing party.

Or:

(2) Enclosed please find our proposed Order from the __________________ hearing. Despite attempts to prepare a countersigned Order, we were unable to reach agreement with the opposing party. We have attached the relevant correspondence.

Having reviewed the court minutes and the hearing recording, we believe the attached proposed Order complies with this court’s orders and so submit it without the signature of the opposing party and have included the time indexes for the court’s convenience.

(c) If the parties are unable to agree on the form and content of a proposed order, and the drafting party directly submits a proposed order, the opposing party may submit a proposed alternative form of order, copied to the drafting party, within 7 days of submission of the first proposed order, accompanied by a brief explanation of the reason for the disagreement and the distinction between the proposed orders in substantially the following form:

The opposing party has submitted a proposed Order from the __________________ hearing. Having reviewed the court minutes and the hearing recording, we believe our attached proposed Order is more accurate than that of the opposing party and have included the time indexes for the court’s convenience.