This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Your Response to the Order to Show Cause must show a good reason (“cause”) for not following the Court's rules, directions, or deadlines. You must also do anything else the Court tells you to do in the Order 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.
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
You would best be served by responding by why you disagree with the allegations in the rule to show cause, and would probably include an affidavit (a sworn statement in front of a notary) stating your position, as well as any written documents supporting your position.
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
Similar variation across courts was seen in motions to dismiss and motions for summary judgment. Across all cases, the mean time to rule on Rule 12 motions was almost 130 days, but when broken down by district the mean time varied from 63 days in the fastest court to 176 days in the slowest court.
How to Fill Out an Order to Show Cause Write the county name. Write the Article for your case type. Write the name(s) of the petitioner(s). Write the name(s) of the respondent(s). Write the docket number, if it exists. Write your name. Write the date you signed the affidavit. Write the month you signed the affidavit.
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.
Evidence is Everything Show Cause hearings are very evidentiary based. You must be able to show the judge the ways in which the opposing party has not complied with the order currently in place. If the other side has not complied with the order, they will be found guilty.
Legal Examples: 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.