Motion Show Cause Form
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What is an example of a show cause order?
Example 1: Contempt of Court A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
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What time do you have to oppose an Order to Show Cause in NY?
All papers in opposition or in reply shall be filed with the chief clerk before 5:00 p.m. of the business day preceding the return date. All papers in opposition to any motion by an order to show cause or in reply thereto, shall be filed with the chief clerk on or before 5:00 p.m. of the return date.
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What is the difference between a motion and an order?
Motion: A request by a litigant to a judge for a decision on an issue relating to the case. Movant: The party that files a motion. Order: The court's command to a party, decision on a motion, or resolution of an issue in the case.
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What is the difference between an Order to Show Cause and a motion in NY?
An order to show cause is governed by CPLR 2214(d). Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served.
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What does show cause mean in legal terms?
In the United States legal system, an order to show cause (also known as a Request for Order in California,) is a court order that requires a person or entity to justify, explain, or prove something.
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What does motion mean for court?
1. What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
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What does Order to Show Cause mean in New York?
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional ...
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How do you respond to an Order to Show Cause in NY?
If you are responding to an order to show cause, your original answering papers, and affidavits of service should be presented to the court clerk on your return date. INSTRUCTIONS: FILL IN THE NAMES OF THE PARTIES AND THE INDEX NUMBER.
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