--- name: final-order-judgment title: Final Order and Judgment description: Drafts court-ready Final Orders and Judgments for class action litigation with caption, procedural history, findings of fact, conclusions of law, and enforceable relief. Use when drafting final judgments, post-trial orders, summary judgment orders, or settlement approval orders in class actions. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/final-order-judgment license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en --- # Final Order and Judgment Drafts a Final Order and Judgment that resolves all claims, establishes enforceable directives, and withstands appellate review in class action cases. ## Prerequisites Gather before drafting: - **Caption details** — court, jurisdiction, case number, named parties, class definition - **Procedural history** — key filings, motions, hearing dates, trial type (bench/jury), or settlement/summary judgment posture - **Evidentiary record** — transcripts, exhibits, discovery materials, stipulated facts - **Legal authorities** — governing statutes, controlling precedent, constitutional provisions - **Relief sought** — monetary amounts, injunctive terms, fee petitions, class distribution plan - **Local rules** — formatting requirements, separate document rule, proposed order procedures ## Document Structure ### 1. Caption and Title - Full court name with division/district - All named plaintiffs/defendants; class definition reference - Case number (including consolidated numbers) - Title: "FINAL ORDER AND JUDGMENT" (or jurisdiction-preferred term) - Conform to local rule formatting (margins, font, spacing) ### 2. Recitals and Procedural History - Nature of action and claims asserted - Basis for decision: trial (bench/jury), summary judgment, or settlement approval - Chronological key events with specific docket entry numbers and dates - Settlement agreements or stipulations incorporated by reference ### 3. Findings of Fact - Number sequentially; support each with record citations (transcript pages, exhibit numbers) - Organize chronologically or thematically - Distinguish contested vs. uncontested facts - State standard of proof applied (preponderance / clear and convincing) - Include class treatment findings: numerosity, commonality, typicality, adequacy ### 4. Conclusions of Law - Number sequentially; cite statutes, regulations, and case law in Bluebook format - Address every cause of action and affirmative defense - For each claim: state elements, apply facts, state conclusion - Include Rule 23 requirements; if settlement, address fairness under Rule 23(e) [VERIFY] - Note binding vs. persuasive authority ### 5. Relief and Remedies | Relief Type | Required Specificity | |---|---| | Monetary damages | Exact amounts, prejudgment interest (rate + method), costs, fees | | Class distribution | Method, claims process, cy pres provisions | | Injunctive relief | Precise conduct, duration, compliance mechanisms | | Dismissals | With/without prejudice; specify claims and parties | | Retained jurisdiction | Scope for enforcement, fee disputes, distribution | - All claims and all parties must be resolved — no unresolved issues - Specify compliance deadlines and enforcement mechanisms (contempt, reporting) ### 6. Execution Block ``` IT IS SO ORDERED. DATED: _______________ _________________________________ [Judge Name] [Title] [Court] ``` - Include service/notice requirements per local rules - Note entry-of-judgment procedures and separate document rule (Fed. R. Civ. P. 58) [VERIFY] ## Checks - **Record support** — every factual finding cites the record; every legal conclusion cites authority - **Unambiguous relief** — orders enforceable on their face without external documents (unless expressly incorporated) - **Class requirements** — address notice to class, opt-out treatment, binding effect on absent members - **Bluebook compliance** — all citations in proper format; verify currency and jurisdictional relevance - **Cross-references** — findings of fact numbers align with conclusions of law references - **Separate document rule** — in federal court, judgment in a separate document under Rule 58(a) unless excepted [VERIFY] - **Local rules** — confirm proposed order procedures, formatting, e-filing specs - **Settlement orders** — include fairness, adequate representation, and notice adequacy findings per Rule 23(e)(2) [VERIFY]