New York Civil Order To Show Cause

State:
New York
Control #:
NY-SF-09
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PDF
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Description

Civil Order To Show Cause

A New York Civil Order To Show Cause is a document issued by a court in New York State to compel a person or entity to appear before the Court and explain why a certain action should not be taken. It is a court order that requires a person or entity to appear in court and explain why they should not be held in contempt for failing to comply with a court order or judgment. The Order To Show Cause is usually issued when a party is in violation of a court order or judgment, or to compel a person or entity to appear before the court and explain why they should not be held in contempt for failing to comply with a court order. There are two types of New York Civil Order To Show Cause: an Order to Show Cause in Aid of Execution and an Order to Show Cause in Aid of Judgment. An Order to Show Cause in Aid of Execution is used to compel a person or entity to appear before the court and explain why a judgment or court order should not be enforced. An Order to Show Cause in Aid of Judgment is used to compel a person or entity to appear before the court and explain why they should not be held in contempt for failing to comply with a court order or judgment.

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FAQ

Making an Order to Show Cause 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.

"In order to obtain a court order you must prepare a Petition, which outlines you were are, what the relationship is to the person whose birth record you want, along with the purpose for the record. You may want to attach any documents you may have supporting your reasons for your request for a Supreme Court Order.

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

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.

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).

Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.

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

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.

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 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. • Rule to Show Cause is required. An entry on the court's records showing the judgment has been paid in full. An order to show cause is good to use in an emergency situation. It can often get you into court faster than a motion. 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. 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 Civil Order To Show Cause