New Jersey Order to Show Cause Summary Action — Appendix XII-F is a document used in New Jersey courts to ask a party to appear before the court and explain why a certain action should not be taken against them. This is typically used when a party has failed to comply with a court order, or when the court believes that a party has acted in bad faith. This document is typically used to request a hearing before the court to determine if sanctions should be imposed. There are two types of New Jersey Order to Show Cause Summary Action — Appendix XII-F: The Default Order to Show Cause and the Contested Order to Show Cause. The Default Order to Show Cause is used when the opposing party does not respond to the Order to Show Cause. The Contested Order to Show Cause is used when the opposing party does respond to the Order to Show Cause and the court will then hold a hearing to determine if sanctions should be imposed.
New Jersey Order to Show Cause Summary Action - Appendix XII-F
Description Show Cause Document
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(a) Generally. An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.
Rule -3. In any summary action in which support of a child is in issue, each party shall, prior to the commencement of any hearing, serve upon the other party and furnish the court with an affidavit or certification in a form prescribed by the Administrative Director of the Courts.
2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time.
An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.
A Motion to Dismiss and a Motion for Summary Judgment are both considered dispositive motions. A dispositive motion is meant to dispose of a case. In other words, these motions ask the court for a ruling that the case should be terminated before trial based on the information contained in the motion.
Orders to Show Cause are generally used to avert or prevent irreparable harm to a child or to protect their health, safety, and welfare. Prevention of harm is the reason to seek emergent remedy with the court. The court, in its discretion, may issue an emergency order.
Every motion shall include the following language: "NOTICE TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. This written response shall be by affidavit or certification. (Affidavits and certifications are documents filed with the court.
RULE -3 - Citation of Rules These rules shall be referred to as "N.J. Court Rules, 1969" and may be cited as, e.g., "R. -3." Note: Source-R.R. -10(a).