Court paperwork
Understanding draft orders
A draft order is proposed wording for the sealed court order. It must record what the judge decided accurately — it is not another chance to argue the case.
Directions order
Sets the next steps: evidence, reports, disclosure, deadlines and the next hearing.
Interim order
Makes a temporary decision or arrangement while the court gathers more evidence.
Final order
Records the court's final declarations, decisions, powers and any continuing safeguards.
Who normally prepares it?
The judge may ask one party's solicitor or barrister to prepare the draft after the hearing. The parties usually try to agree wording that reflects the judge's decision before sending it to the court. The judge approves the wording; the court then seals the order. If you have no lawyer, ask at the hearing who will draft it, when it must be sent, and how you can comment on accuracy.
Check the draft before agreeing it
- The court name, case number, hearing date and judge are correct.
- Every party and legal representative is named correctly.
- The recitals accurately record important background or agreements, but do not pretend the judge ordered them.
- Each numbered direction says who must do what, by what date and time, and who must receive it.
- Any declaration or best-interests decision matches exactly what the judge decided.
- Confidentiality, reporting restrictions and P's anonymity are preserved.
- Funding, expert evidence, disclosure, attendance and the next hearing are covered where the judge directed them.
- Nobody has added a disputed point or changed the effect of the judge's decision.
Do not copy these examples unchanged
They show structure only. Draft wording must match the judge's actual decision and the facts of the case. Do not invent an agreement, declaration, power, deadline or restriction. If wording is disputed, identify the exact difference and ask the judge or court to settle it. Get legal advice for an urgent, contested or restrictive order.
Illustrative examples
Replace every bracketed item. Delete anything the judge did not direct.
Illustrative case-management directions
Used to move the case forward before a final decision.
IN THE COURT OF PROTECTION Case No: [number] IN THE MATTER OF P DRAFT ORDER Before [judge] sitting at [court] on [date] UPON the court considering [brief description of the application] AND UPON the parties agreeing [state only what was actually agreed] IT IS ORDERED THAT: 1. By 4:00 pm on [date], the local authority must file and serve an updated care plan addressing [specific issues]. 2. By 4:00 pm on [date], [party] must file and serve a witness statement limited to [issues]. 3. The parties must file an agreed issues list and position statements by 4:00 pm on [date]. 4. The matter will be listed for [type of hearing] on [date/time], with a time estimate of [length]. 5. Liberty to apply on [notice period, only if directed]. 6. Costs [as directed].
After the hearing
- Write down exactly what the judge decided, including every deadline.
- Ask who is preparing the draft and when comments are due.
- Compare the draft with your hearing note and any approved judgment.
- Send corrections promptly and explain each proposed change clearly.
- When the sealed order arrives, read it again and add every date to your tracker.