A New Jersey Order to Show Cause with Temporary Restraints Pursuant to Rule 4:52 — Appendix XII-H is a court order used in family law cases in New Jersey. This order requires an individual to appear in court to explain why a certain request should not be granted. This order can be used to temporarily restrain a person from certain activities while a court case is pending. The order typically includes an order to appear in court, the date and time of the hearing, and the terms of the temporary restraints. The order can be used to restrain a party from selling or transferring property, withdrawing money from a bank account, or taking other actions that could interfere with the case before it is fully heard. The two types of New Jersey Order to Show Cause with Temporary Restraints Pursuant to Rule 4:52 — Appendix XII-H are an ex parte order and an order after notice. An ex parte order is issued without the other party present and is typically used in cases where there is an immediate danger or risk of harm. An order after notice is issued after the other party has been given notice of the hearing and an opportunity to respond. Both types of orders require the other party to appear in court and explain why the request should not be granted.
New Jersey Order to Show Cause with Temporary Restraints Pursuant to Rule 4:52 - Appendix XII-H
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Rule -2. When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.
RULE -2 - Temporary Restraint and Interlocutory Injunction-During Pendency of Action. During the pendency of an action, either a temporary restraint or an interlocutory injunction may be applied for either by motion or by order to show cause.
(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.
All trials, hearings of motions and other applications, first appearances, pretrial conferences, arraignments, sentencing conferences (except with members of the probation department) and appeals shall be conducted in open court unless otherwise provided by rule or statute.
The Order to Show Cause to vacate a Landlord Tenant Judgment is a court order that you are asking the judge to sign that puts the court case back on the court's calendar, and tells the landlord and Sheriff not to evict you. It tells the landlord to come to court and show why what you want should not be granted.
Personal service of process within this State may be made by Special Civil Part Officers and such other persons authorized by law to serve such process as the Assignment Judge designates. Persons so designated shall receive in payment for their services the fees allowed therefor by statute.
Every motion shall state the time and place when it is to be presented to the court, the grounds upon which it is made and the nature of the relief sought, and, as to motions filed in the Law Division-Civil Part only, the discovery end date or a statement that no such date has been assigned.
On the filing of a complaint, the Supreme Court shall order the judge to show cause, as provided in the order, why the judge should not be removed from office and require the filing of an answer with the Clerk of the Supreme Court within 30 days after being served with a copy of the order and complaint.