--- name: tx-draft-order description: > This skill should be used to scaffold a Texas proposed order or proposed judgment for a judge's signature. Triggers include "draft a Texas proposed order", "proposed order Texas", "order granting my motion Texas", "proposed judgment Texas", "default judgment order Texas", "order on motion for summary judgment Texas", "form of order for the judge to sign". Produces a proposed order or proposed judgment with the caption replicated, recitals, a decretal "IT IS ORDERED" / "IT IS ORDERED, ADJUDGED, AND DECREED" block, the judge's signature/date block at the foot, and a "submitted by" / "approved as to form" line for the parties. Only a judge signs; this skill prepares the proposed form for the court's consideration. Composes with `tx-statewide-format` for the caption and `tx-submit-order` for the transmittal workflow. version: 0.1.0 --- # Draft a Texas Proposed Order > **NOT LEGAL ADVICE.** This skill scaffolds a proposed order or > judgment as a drafting aid. The filer is responsible for ensuring > the form mirrors the relief the court actually granted and contains > nothing the court did not rule on. **Only a judge signs an order or > judgment** — this skill prepares the proposed form for the court's > consideration; the filer submits it but does not sign in the > judge's place. Verify the current rules and local practice before > submitting. Use this skill in addition to `tx-statewide-format` when a motion, stipulation, or hearing outcome requires a **proposed order** or **proposed judgment** for the judge's signature. In Texas, the party prepares the proposed form and **tenders** it; the **judge signs it**. The **date the judgment is signed** — not the date of the hearing — starts the post-judgment and appeal clocks (the trial court's **plenary power** runs from the date the judgment is signed, ordinarily 30 days, extended by a timely motion for new trial or motion to modify under Tex. R. Civ. P. 329b). Confirm the current day counts in `tx-law-references`; this skill points at the corpus rather than hard-coding them. ## Cardinal rule — the form mirrors the ruling The proposed form's relief should **mirror exactly** what the court ordered. Two failure modes: - **Over-reaching**: decreeing relief the court did not grant — the court strikes or modifies it. - **Under-reaching**: omitting relief the court actually granted — leaves the form incomplete and may require a corrective order. Cross-check the relief requested in the motion (the PRAYER) against the decretal block (`IT IS ORDERED ...`) one item at a time. ## Order vs. Judgment Keep the two document types distinct: - Draft an **Order** to dispose of a motion (e.g., "Order Granting Defendant's Motion for Summary Judgment"). An order may recite the matters the court considered. - Draft a **Judgment** when the matter is finally resolved — the document the appeal and post-judgment clocks run from. A **final judgment** disposes of all parties and all claims; if it does not, it is interlocutory and generally not appealable (subject to the statutory exceptions for interlocutory appeals — confirm in `tx-law-references`). A final judgment should be clear that it is final; a "Mother Hubbard" / finality recital may be used where appropriate (confirm the current finality-language standard). ## Recitals vs. decretal language — keep them separate Keep the **recitals** (the preamble: "On [date], the Court considered [Movant]'s Motion ... and, having considered the motion, the response, the evidence, and the argument of counsel, is of the opinion that the motion should be GRANTED") separate from the **decretal clause** (the operative commands following "IT IS ORDERED"). Do not bury operative relief inside the recitals. ## Standard proposed-Order structure ``` [Caption — exactly matching the motion; see tx-statewide-format. Include the cause number and the court.] [DOCUMENT TITLE: ORDER GRANTING DEFENDANT'S MOTION TO DISMISS] On this day the Court considered [Moving Party's Motion Title], filed [date]. Having considered the motion, any response and reply, the supporting affidavits/declarations and exhibits, and the argument of the parties, the Court is of the opinion that the motion is well taken and should be GRANTED. IT IS THEREFORE ORDERED that: 1. [Defendant's Motion to Dismiss is GRANTED / DENIED.] 2. [Specific consequential relief, e.g., "Plaintiff's claims against Defendant are dismissed with prejudice."] 3. [Costs — taxed to ____, or "each party shall bear its own costs."] SIGNED this ___ day of __________, 20__. ____________________________ JUDGE PRESIDING [Submitted by:] [Name / "Self-Represented" or State Bar No. ___] [Address / Phone / Email] ``` ## Standard final-Judgment structure A final judgment disposes of all parties and all claims and states the relief operatively: ``` [Caption — see tx-statewide-format] FINAL JUDGMENT On [date], this cause came to be heard. [Recital of appearance / default / trial as applicable.] The Court, having considered the pleadings, the evidence, and the argument of the parties, renders the following judgment: IT IS ORDERED, ADJUDGED, AND DECREED that [Plaintiff] recover from [Defendant] the sum of $______, consisting of: a. Principal: $______ b. Pre-judgment interest: $______ (state the rate and basis) c. Post-judgment interest at the applicable statutory rate d. Court costs e. Attorney's fees as awarded [Finality recital, where appropriate: "This judgment is final, disposes of all claims and all parties, and is appealable. All relief not expressly granted is denied."] SIGNED this ___ day of __________, 20__. ____________________________ JUDGE PRESIDING ``` ## Signed date drives the clocks A Texas judgment is effective and the **plenary-power, motion-for-new- trial (Tex. R. Civ. P. 329b), and appellate-timetable clocks run from the date the judgment is signed** — not the date of the hearing or the date the court announced its ruling. If a different effective date is required, state it expressly. The signed date is the reference point downstream skills use to compute post-judgment and appeal deadlines. ## Default judgment form For a default judgment, confirm the defendant failed to answer by the **Tex. R. Civ. P. 99 "Monday rule"** deadline (an answer is due by 10:00 a.m. on the Monday next after the expiration of 20 days after service), that the citation and return are on file and proper, that the petition pleaded the **Tex. R. Civ. P. 47(c) statement of relief range**, and that the relief sought does not exceed what is demanded in the pleadings, before tendering the proposed default judgment. Confirm the current default mechanics in `tx-law-references`. ## "Submitted by" and "approved as to form" The proposed form should identify who tendered it: ``` SUBMITTED BY: ____________________________ [Name] [State Bar No. ___ if counsel / "Self-Represented [Party]" if pro se] [Address / Phone / Email] APPROVED AS TO FORM: ____________________________ [Opposing Party / Counsel] ``` "Approved as to form" means the party agrees the form **accurately states** the court's ruling — not that the party agrees with the result. See `tx-submit-order` for the transmittal workflow. ## Composition - For format and caption: `tx-statewide-format` - For submitting the proposed form for the judge's signature and transmitting the signed order: `tx-submit-order` - For the venue overlay: `tx-hcdc`, `tx-dcdc`, `tx-county-courts`, `tx-family-court` - For pro se conventions: `tx-pro-se` - For deadline math from the signed date: `tx-deadlines`, `tx-post-judgment` ## References to author - `references/order-template.md` — annotated proposed-Order scaffold - `references/judgment-template.md` — final-Judgment scaffold, the Tex. R. Civ. P. 329b plenary-power / new-trial timetable, and the finality-recital pointers