New York Order to Show Cause with TO (Temporary Restraining Order) is a type of court order which requires a party to appear in court and show why a particular action should not be taken. This order is issued when an individual or entity has been accused of committing a wrong or acting in a manner which could cause irreparable harm to another individual or entity. It is a form of emergency relief which can be issued by a court without the need for a full trial. The order is typically used in cases involving domestic violence, eviction, and other types of urgent situations. There are two types of New York Order to Show Cause with TO: a Preliminary Injunction and a Temporary Restraining Order. A Preliminary Injunction is a court order that temporarily prevents a person or organization from taking certain action until the court can hold an evidentiary hearing. A Temporary Restraining Order is a court order that lasts for a short period of time and requires a person or organization to refrain from taking certain actions until a hearing is held. Both types of New York Order to Show Cause with TO require a party to appear in court and explain why the requested action should not be taken. The court can then make a decision on the merits of the case and grant a permanent or temporary order.
New York Order to Show Cause with TRO
Description Order Cause
How to fill out New York Order To Show Cause With TRO?
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FAQ
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
The OSC tells the court and the other side what the movant wants the Judge to do. If the movant wants the Judge to order something right away that can't wait until the court date, the OSC must say this too. For example, the OSC can ask the Judge to stop an eviction until the court date.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.
In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party's favor. Doe v. Axelrod, 73 N.Y.
CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
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.