Form 44: Order — General

When is the general order form appropriate?

Rule 168(1) provides that, if one or more parties are represented by counsel, one of the lawyers prepares an order made at a court appearance in Form 44 unless another form is required. A separate prescribed order form may apply, such as a protection order or consent order; the correct form depends on the procedure and the actual order.

Under Rule 167, an order generally takes effect when made unless the court orders otherwise. A drafted, unsigned document is not a substitute for a properly completed, filed order.

Who prepares and approves it?

1. Confirm the exact terms ordered from the court’s pronouncement, notes or directions. Do not add terms the decision-maker did not make.
2. If at least one party has a lawyer, one lawyer prepares the order and provides it to the other lawyers, or to the registry if the other parties are unrepresented, within 14 days of the order or another period allowed by the court.
3. Unless the court orders otherwise, a lawyer-prepared order that is not made by consent must be approved and signed by the preparing party’s lawyer and any other represented party’s lawyer as required by Rule 168(2).
4. If another lawyer refuses to approve and sign, that lawyer must give reasons to the drafter within 14 days of receiving it, or the period allowed by the court.
5. Once signed as required, send the order to the registry for judicial or family justice manager signature and filing. The registry supplies filed copies to parties or lawyers with addresses for service.

If everyone is self-represented

Under Rule 168(5), where no party is represented by a lawyer, the clerk generally prepares an order made at a court appearance within 14 days or another allowed period. A self-represented party is not required to sign a lawyer-prepared order unless the court orders it or the Rules otherwise require it. Ask the registry about the status of the written order rather than creating new terms.

Draft, signed and filed orders

Check the difference between a proposed draft and the court’s filed order. Make sure the order accurately reflects who must do what, relevant dates and whether it is interim or final where appropriate. Under Rule 170, a judge may correct a clerical mistake or omission; a substantive change requires the appropriate court procedure.

Practical example

Common mistakes

• Using Form 44 to apply for parenting time or child support.
• Omitting the approval and filing steps when counsel are involved.
• Assuming the 14-day draft preparation period is the same as a deadline to appeal or vary an order.
• Using Form 44 when the rules require a different order form.