Found an issue on this page? Let us know and we will look into it as soon as possible.
Does a judge have to sign a court order for it to be legal?
Anonymous3 views7 answers
My custody papers from 2005 were never signed by a judge and there is no seal I believe its called. Are my custody papers void or do they not reqiure a judges signature?
Aaron Scott HillFamily Law AttorneyMonticello, AR ·
You need a judge's signature, it needs to be part of the court record. If the judge did sign it, just not your copy, you are alright, but you should have a copy with the judge's signature at your home.
A court order requires a ruling and signature by the judge. Have the clerk of court certify the order so it has the "seal" you asked about. That certification is apparently what you desire.
A clerk has the judge's signature on a stamp and has the authority as an agent of the judge to stamp and certify a copy of a court order. I had my clerk's stand court orders for me all of the time when I was a judge.
If the copy of the order in your possession has a stamp that says "True Copy," then it is a valid court order. Often times, even in my practice, I only sign the original document. The judge's signature would appear, generally, if it was a certified copy of the order. Go to the court and take a look at the court file which contains the original order, since the file is a public document.
Neil M. Colman
Neil M. Colman
You can also go to the clerks office and request a true and attested copy for yourself. They will charge you a dollar a page for copy I believe and there will be a charge for the certification.
A judge's stamp entered by the clerk makes it a valid, binding order.
If no stamped or signed document was ever entered, it is not valid.
You are right to question the validity of the unsigned document and should check with the Clerk of the Court and request a sealed copy or a "true copy". Be aware that even a signed order is typically not valid until it is both "received for filing" and "entered" by the Clerk into the Court Record. Best wishes.