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What is an EX TEMPORE Judgement?

Family Court terms and definitions - Some of the more interesting terms and words used in the court system

Most court decisions are announced at the time of hearing or very shortly after. These are referred to as ex tempore (at the time) decisions.

A decision that cannot be made at the time of the hearing because the federal magistrate requires additional time to consider the issues and prepare a decision is described as a reserved decision.

WHEN WILL AN EX TEMPORE DECISION BE PRODUCED IN WRITTEN FORM
Most ex tempore decisions are not reduced to writing. All decisions are recorded, but the recording is not transcribed unless the court, or another court, or a party requires it.

If one of the parties to the proceedings requires a written record of the court's reasons for a decision a request must be made to the court. The court will obtain the transcript of the judgment and decide whether the transcript needs to be revised. The court will either release the transcript to the party requesting it or produce written reasons from the revised transcript.

If a party requires a copy of the transcript of the whole hearing the transcript will need to be ordered from the transcript provider. A fee will be payable to the court's transcription provider for that service.

WHAT SHOULD I DO IF I WANT TO APPEAL AN EX TEMPORE DECISION?
If you are appealing an ex tempore decision you will require a copy of the decision for the appeal court.

You only need a copy of the court's orders to file an appeal. Time limits apply to the commencement of an appeal and you should not assume that a written decision will be available before the time limits have expired. The time for an appeal runs from when the court made its orders, not from when written reasons are produced.

If you want written reasons before an appeal you should make the request to the court for a copy of the reasons as soon as possible. You do not need to make a request for written reasons after you file an appeal. Once the court is informed that there is an appeal, the reasons will be produced for the appeal court.


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