...order that the court is/be to do...

Hi,

Can anyone tell me which of the following is correct:
(1) We seek an order that the Court is to decide those matters.
(2) We seek an order that the Court be to decide those matters.

Sentence (2) may sound awkward but appears to be more grammatical to me.

Thank you in advance.

Hi, yes normally this would be the subjunctive mood, but I don’t think you can use an infinitive after “be”.
So to use the subjunctive case here, you would need something like:

“We seek an order that the Court be responsible/trusted/empowered to decide those matters.”

Hi, Lushen.

Thank you so much for your reply.

If ‘is to’ were used here to give an instruction or command (i.e. The court is to decide those matters. We will seek that court order), would sentence (2) still be correct?

Hi, I don’t really understand your question. #2 in your original post is incorrect and I cannot think of a context in which it would be correct.

‘We seek an order that the Court should decide those matters soon.’
Is it OK?
Please comment. Thanks.

Yes Allifathima, that would be ok. Another option is “We seek an order that the Court decide these matters soon.”

Luschen.
(1) We seek an order that the Court is to decide those matters.
Is it correct?
Please comment. Thanks.