Michigan Order to Show Cause

State:
Michigan
Control #:
MI-BM-068-04
Format:
PDF
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A04 Order to Show Cause
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FAQ

If you have been accused of committing a misdemeanor crime, but you have not been arrested, you are entitled to a show cause hearing, also known as a clerk's magistrate hearing to determine if there is probable cause for the issuance of a criminal charge.

Show cause basically means that you are ordered to appear before the Court, and the failure to appear will result in a bench warrant for your arrest. The show cause could have been ordered to see if you complied with your probation, or to possibly bring you before the Court to answer for a violation of probation.

An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.The use of an order to show cause instead of a notice of motion does not affect the parties' burden of proof on the underlying motion.

The judge will determine what the facts are. The main objective of the show cause hearing is to get the party who is not following the court's order to do so. The court can also order the relief requested by the moving party (for example, change visitation or transfer custody).

When the opposing party disobeys an order, you ask the court to issue a Rule to Show Cause. In the request, you explain how the opposing party violated the court's order and attach a copy of that order. If the court agrees that its order was violated, it can find the violating party in contempt of court.

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Michigan Order to Show Cause