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New York Affidavit in Support of Order to Show Cause (Generic)

State:
New York
Control #:
NY-CIV-LT-13
Format:
PDF
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Affidavit in Support of Order to Show Cause (Generic)

A New York Affidavit in Support of Order to Show Cause (Generic) is a legal document that is used by an individual or entity seeking to obtain a court order from a New York court. It is typically used when an individual or entity does not have legal standing to file a motion or complaint on their own behalf. The Affidavit serves as proof that the individual or entity is entitled to the order sought and includes information such as the legal basis for the relief requested, the facts of the case, and the evidence in support of the Affidavit. There are two types of New York Affidavit in Support of Order to Show Cause (Generic): the verified Affidavit and the unverified Affidavit. A verified Affidavit is sworn to and signed before a Notary Public and includes more detailed evidence than an unverified affidavit. An unverified Affidavit is signed by the affine and does not include the detailed evidence found in a verified Affidavit. Both types of affidavits are used to support a motion or complaint, and are commonly used in family law, civil law, and criminal law cases.

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FAQ

An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party. For example, a party can seek an order granting discovery, or dismissing all or part of an action by bringing an Order to Show Cause.

An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted. The movant can file as many affidavits from as many people that he or she thinks will help the Judge decide to do what he or she wants.

An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.

Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.

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

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).

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.

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

Affidavit in Support of Order to Show Cause. 3. Order to Show Cause.Certain documents must be personally served. You must fill out the Order to Show Cause along with an Affidavit in Support. (a) Order to Show Cause. 162 item — Only items containing the entered search criteria will appear. You file a reply in support of your motion with the court 7. The judge conducts a hearing and makes a decision 8. AFF: Affidavit (Generic). AFFIG. Business Rule.

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New York Affidavit in Support of Order to Show Cause (Generic)