A minute order is the court clerk’s short record of what happened at your hearing. A Findings and Order After Hearing (form FL-340) is the longer written order that the judge signs. The minute order tells you what the judge said. The FL-340 is the document that puts the ruling into formal, signed form.
What Is a Minute Order in California Family Court?
The clerk, not the judge, writes the minute order during or right after your hearing. It is a summary. It usually lists:
- The date, time, and courtroom of the hearing
- Who appeared, and whether each person came in person, by video, or not at all
- Which requests the judge heard
- A short statement of what the judge ordered
- The date of the next hearing, if there is one
Think of it as the court’s meeting notes. It is useful, but it is not meant to explain the judge’s reasons or spell out every detail of an order.
What Is a Findings and Order After Hearing (FL-340)?
FL-340 is a Judicial Council form. It records the orders the judge made, such as custody, visitation, child support, spousal support, or property orders. Extra pages are attached for the details. A judge signs it, which turns the ruling into a formal written order.
Sometimes the court prepares this order itself. Often the judge tells one side, or both, to prepare it. That is why you may leave a hearing with homework.
Minute Order vs. Order After Hearing: The Differences That Matter
- Who writes it: the clerk writes the minute order. A party, an attorney, or the court prepares the FL-340, and the judge signs it.
- How long it is: a minute order is brief. An FL-340 with its attachments sets out the specific terms.
- Purpose: the minute order records what happened. The FL-340 is the formal order that the parties are expected to follow.
- Timing: the minute order usually exists within days of the hearing. The FL-340 comes later, after it is prepared, reviewed, and signed.
Do not assume a minute order alone gives you everything you need. If you need to rely on an order later, for example to show an employer, a school, or another court, ask the court whether a signed order after hearing is required in your case.
The 10-Day Clock After a Family Law Hearing
If the judge tells you to prepare the order, the timeline is short. Rule 5.125 of the California Rules of Court sets the default steps, and a judge can change them. In general:
- Within 10 calendar days of the hearing, the person assigned to prepare the order sends it to the other side for approval. If the other side did not appear, or the matter was not contested, the order goes to the court with a copy to the other side.
- Within 20 calendar days of the hearing, the other side either signs and returns the order or objects and prepares an alternate order.
- If the sides disagree, they have 10 calendar days after the objection to talk it through. If they still disagree, each submits a proposed FL-340, a copy of the minute order or transcript, and a cover letter explaining the differences.
Before signing an order that the other side did not approve, the judge must compare it with the minute order, the official transcript if there is one, or another court record. This is why the minute order matters so much. It is often the yardstick for whether the written order matches what the judge actually said.
What to Do If the Minute Order and the Written Order Do Not Match
Mistakes happen. If the draft order adds terms the judge never ordered, or leaves one out, start with the minute order from your hearing. Put the two side by side and mark each difference.
Then raise the problem in writing with the other side before the deadline in rule 5.125 passes. If you cannot agree, the process in the rule lets you submit your own version with a cover letter that explains the difference. If you ordered a transcript, it is the strongest record of the judge’s exact words.
How to Get a Copy of Your Minute Order
Ask the family law clerk’s office at the courthouse where your case is filed. Many California courts also let parties view case documents online, but the method, the fees, and what is available differ by county. Check your court’s website or call the clerk. Bring your case number.
Common Questions About Minute Orders
Is a minute order the same as a court order?
Not exactly. A minute order records that the judge made a ruling. A signed order after hearing is the formal written order. Because courts handle this differently, confirm with the clerk or your court’s local rules whether you need the signed order.
Do I have to follow what the judge said even if the written order is not signed yet?
You should not treat the ruling as optional while you wait for paperwork. If you are unsure what applies to you right now, ask the court clerk or speak with a licensed California attorney about your situation.
Where can I find a sample?
Many California superior courts post sample or blank FL-340 packets on their family law pages, and the blank form is on the California Courts website. Use those to see the layout, and follow your own court’s instructions.
Related Reading
If you are preparing for a hearing, see Preparing for a Family Law Court Hearing Without a Lawyer. If you missed one, see Missed a Family Law Court Hearing in California? Here’s What Might Happen. For unfamiliar words, see California Family Law: Common Terms.
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ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.