New York Order to Show Cause (Special Proceeding) with TO is a legal process used in the state of New York to obtain provisional relief, usually in the form of a temporary restraining order (TO). It is the most common type of special proceeding available in New York courts. A special proceeding is a legal action initiated by filing a petition or complaint, in which a party seeks relief from the court that cannot be obtained by any other means. The Order to Show Cause (NTSC) is the court document that initiates the special proceeding. There are two types of New York Order to Show Cause (Special Proceeding) with TO: 1) NTSC with Temporary Restraining Order (TO) and 2) NTSC with Preliminary Injunction (PI). A TO is a court order that temporarily restrains a party from doing something; it is usually issued prior to a hearing on the merits of the case. A PI is a court order that restrains a party from doing something on a more permanent basis; it is usually issued after a hearing on the merits of the case.
New York Order to Show Cause (Special Proceeding) with TRO
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FAQ
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
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.
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.
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
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.