Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
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.
The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion. The Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision.
Submit a written request to the court handling the case. Include a declaration substantiating the reasons for the move request. Notify the other party involved in the case once you file a motion for a change of venue, as this allows them to respond.
To request a new judge in a family law child custody case in California, you can file a Peremptory Challenge under California Code of Civil Procedure Section 170.6. This allows you to disqualify the judge from hearing your case without having to provide a specific reason.
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional ...
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.
Here are some key tips to consider: Address the letter formally to ``The Honorable (Judge's Name), Judge of (Court)''. Clearly state the purpose of the letter - to provide information relevant to the custody dispute with your former spouse. Stick to the facts and avoid overly emotional language.
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.