Fill and Sign the Order to Show Cause Preliminary Injunction Pursuant to Nj Courts Form

OTSC AS ORIGINAL PROCESS – SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE RELIEF PURSUANT TO RULE 4:52-1 – NO TRO Superior Court of New Jersey Division County Part , Docket No.: [I nsert the plaintiff’s name], Plaintiff(s), v. , [Insert the defendant’s name ], Defendant(s). CIVIL ACTION ORDER TO SHOW CAUSE PRELIMINARY INJUNCTION PRUSUANT TO RULE 4:52 THIS MATTER being brought before the court by __________________, attorn\ ey for plaintiff, ( insert the plaintiff’s name) , seeking relief by way of preliminary injunction at the return date set forth below pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith and for good cause shown. It is on this ____ day of _____________ ORDERED that defendant(s), (insert the defendant’s name) , appear and show cause before th e Superior Court at the _______ County Courthouse in _____________, New Jersey at _____ o’clock in the _____ noon or as soon thereafter as counsel can be heard, on the ________day of ______________\ ______, 20 __ why an order should not be issued preliminarily en joining and restraining [insert the defendant’s name] from A. ( Set forth with specificity the return da te relief that the plaintiff is seeking); B. _____________________________________; C. ______________________________________; D. Granting such other relief as the court deems equitable and just. And it is further ORDERED that: 1. A copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application be served upon the defendant(s) [personally or alternate: describe form of substituted service] within ____ days of the date hereof, in accordance with R. 4:4-3 and R . 4:4-4, this being original process. 2. The plaintiff must file with the court his/her/its proof of serv ice of the pleadings on the defendant no later than three (3 ) days before the return date. 3. Defendant(s) shall file and serve a writte n response to this order to show cause and the request for entry of injunctiv e relief and proof of service by ___________________, 20__. The original documents must be filed with the clerk of th e Superior Court in the county listed above. A directory of these offices is av ailable in the Civil Division Management Office in the county listed above and online at http://www.judiciary.state.nj.us /prose/10153_deptyclerklawref .pdf. You must send a copy of your opposition papers directly to Judge ___________________, whose address is ____________________________, New Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney whose name and address appears above, or to the plaintiff, if no attorney is named above. A telephone call will no t protect your rights; you must file your opposition and pay the required fee of $ ________ and serve your opposition on your adversary, if you want the court to hear your opposition to th e injunctive relief the plaintiff is seeking. 4. The plaintiff must file and serve any written reply to the defendant’s order to show cause opposition by _________________, 20__. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the ch ambers of Judge _____________________. 5. If the defendant does not file and serve opposition to this order to show cause, the application will be decided on the papers on the retu rn date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. 6. If the plaintiff has not already done s o, a proposed form of order addressing the relief sought on the return date (along with a se lf-addressed return envelope with return address and postage) must be submitted to the court no late r than three (3) days before the return date. 7. Defendant takes notice that the plain tiff has filed a lawsuit against you in the Superior Court of New Jersey. The verified compla int attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written answer to the complaint and proof of service with in 35 days from the day of service of this order to show cause; not counting the day you received it. These documents must be file d with the Clerk of the Superior Court in the county listed above. A directory of these offices is availabl e in the Civil Division Management Office in the county listed above and online at http://www.judiciary.state.nj.us /prose/10153_deptyclerklawref .pdf. Include a $______ filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s attorney whose name and address app ear above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered agains t you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the court may enter a default against you for the relief plaintiff demands. Revised 09/04/2012, CN 10705-English (Appendix XII-G) Page 4 of 4 8. If you cannot afford an attorney, you ma y call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ- LAW (1-888-576-5529). If you do not have an a ttorney and are not eligible for free legal assistance you may obtain a referral to an at torney by calling one of the Lawyer Referral Services. A directory with contact informati on for local Legal Services Offices and Lawyer Referral Services is available in the Civil Divisi on Management Office in the county listed above and online at http://www.judiciary.state.nj.us /prose/10153_deptyclerklawref.pdf. 9. The court will entertain argument, but not testimony, on the return date of the order to show cause, unless the court and partie s are advised to the contrary no later than _____ days before the return date. ______________________________ J.S.C.