New York Order To Show Cause (Civil Part)

State:
New York
Control #:
NY-7JD-12
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PDF
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Order To Show Cause (Civil Part)
A New York Order To Show Cause (Civil Part) is a court document used to initiate a legal action in the Supreme Court of the State of New York. It is a type of motion commonly used to request a court order, such as a temporary restraining order, injunction, or other relief. The Order To Show Cause outlines the facts and arguments supporting the plaintiff’s case, and it must be signed by the plaintiff or their attorney. The Order is presented to the court, and may be accompanied by affidavits, exhibits, and other evidence. There are three types of New York Order To Show Cause (Civil Part): 1. Order to Show Cause for Preliminary Injunction: This type of order is used to request a preliminary injunction, which is a court order that temporarily halts certain activities until the court decides the case. 2. Order to Show Cause for Temporary Restraining Order: This Order requests a temporary restraining order, which is a court order that immediately halts certain activities until the court decides the case. 3. Order to Show Cause for Other Relief: This Order requests any other type of court order, such as an order requiring a defendant to comply with a contract, or an order requiring a defendant to pay damages.

A New York Order To Show Cause (Civil Part) is a court document used to initiate a legal action in the Supreme Court of the State of New York. It is a type of motion commonly used to request a court order, such as a temporary restraining order, injunction, or other relief. The Order To Show Cause outlines the facts and arguments supporting the plaintiff’s case, and it must be signed by the plaintiff or their attorney. The Order is presented to the court, and may be accompanied by affidavits, exhibits, and other evidence. There are three types of New York Order To Show Cause (Civil Part): 1. Order to Show Cause for Preliminary Injunction: This type of order is used to request a preliminary injunction, which is a court order that temporarily halts certain activities until the court decides the case. 2. Order to Show Cause for Temporary Restraining Order: This Order requests a temporary restraining order, which is a court order that immediately halts certain activities until the court decides the case. 3. Order to Show Cause for Other Relief: This Order requests any other type of court order, such as an order requiring a defendant to comply with a contract, or an order requiring a defendant to pay damages.

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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.

A civil case ends in a decision by the court. This can be after a trial, inquest, arbitration, default, confession, stipulation or motion. The decision says how the Judge decided the case.

Submitting the Order to Show Cause (OSC) Papers to the Court G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).

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.

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.

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.

More info

What is an Order to Show Cause? An Order To Show Cause is a court order requiring the involved parties to explain, prove, or justify an event, action, behavior, or other factor affecting the case at hand.Have your server complete Proof of Service form. You can use Proof of Service of Order to Show Cause (form NC-121). Please follow these instructions to complete the Order to Show Cause and Affidavit for Contempt (form FL-410) if you do not have an attorney to represent you. An order to show cause (O. 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. An order to show cause is good to use in an emergency situation. It can often get you into court faster than a motion.

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New York Order To Show Cause (Civil Part)