Transaction Questions Here is a scenario someone posed to me and I'd like to check the answer:

If I send a transaction that gets orphaned and I then issue another transaction from the same address (but include a fee) and this second transaction gets added to the block chain (I have &gt;no reason to see why it wouldn't....there's a good chance other nodes wouldn't even know &gt;about the orphaned block as it may not have been relayed. Can the first transaction be put in a block? When does the transaction get time stamped?
I presumed the answer is that the original transaction will become invalid as it would not be confirmable.  Also, during the orphaned period, the private key could be imported to another &gt;wallet and another transaction issued from that address (AFAIK, no wallet will intentionally &gt;let you construct double spends).
Their assumption is correct: if you send a transaction that gets orphaned, and then send another transaction that goes into the block, the other transaction automatically becomes invalid.

Transactions don't have a timestamp embedded, so miners don't have a way of knowing which transaction came first. They just include the one that first reaches them, which in your scenario will be the second one.