Nys Supreme Court Order to Show Cause Forms for Queens County
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People also ask
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How long do you have to respond to a motion in NY?
(2) Motion Service Requirements under CPLR 2214(b) Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
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How do you respond to show cause?
How To Properly Respond To A Show Cause Letter? Determine what is being asked of you. Consider if there are any relevant policies or procedures. Do you have enough time to respond? Start to draft a rough outline of your response. Review and edit your response. If you are unsure about anything, make sure you consult a lawyer.
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What is an Order to Show Cause in New York?
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.
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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 is an order to show cause in New York County Supreme court?
An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.
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How to respond to Order to Show Cause in New York?
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
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What is an example of a show cause?
For example, if your ex-wife believes that you are smoking weed or drinking alcohol in front of your child in violation of the Order that states no drugs or alcohol are to be in the presence of the minor child, her attorney may file an Order to Show Cause.
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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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