New York Order to Show Cause

State:
New York
Control #:
NY-6JD-41
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PDF
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Description

Order to Show Cause

New York Order to Show Cause (OTC) is a court order issued by a judge in the New York State court system. The order requires the person or entity to whom it is addressed to appear in court on a certain date and time and show cause why the relief requested in the Order should not be granted. It is typically used in civil proceedings to request an immediate hearing on a certain matter. There are two basic types of OST Cs: a temporary restraining order (TO) and a preliminary injunction. A TO is used to prevent an action from occurring until the court can hear further arguments, while a preliminary injunction is used to require a person or entity to take a certain action until the court can further hear arguments.

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FAQ

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.

Subpoena - A command to a witness to appear and give testimony. subpoena duces tecum - A command to a witness to produce documents.

Court orders are the means in which decisions or judgments of judicial officers are issued from a court. They can include: an order made after a hearing by a judicial officer, or an order made after parties who have reached their own agreement have applied to a court for consent orders. See also: Order.

He received a court order barring him from entering the building. He is barred by court order from entering the building. The town is under court order to fix the problem.

N.Y. Civil Practice Law and Rules (CPLR) 320(a) provides three ways in which a defendant may appear in an action: (1) serving an answer; (2) serving a notice of appearance; or (3) making a motion which has the effect of extending the time to answer.

A movant requesting an order on an expedited basis must file a motion entitled ?Urgent Motion? and must call to the attention of the clerk of the urgent filing on the day that it is filed.

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.

More info

An order to show cause (O. S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief.An order to show cause is good to use in an emergency situation. It can often get you into court faster than a motion. An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Respondent is ORDERED to appear to show cause as to why Respondent should not be held in contempt of Court as alleged in the application filed herein. Be sure to complete each form completely and accurately. You will need to attach a copy of the prior court order that you are seeking to enforce. Follow the instructions on this page and use the sample forms to fill out and submit an Order to Show Cause. We provide affordable Order to Show Cause legal document preparation and filing services, from initial paperwork to final orders.

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New York Order to Show Cause