New Jersey Order to Show Cause Probate Part Action — Appendix XII-I is a legal document used in New Jersey probate proceedings. It is an Order to Show Cause, issued by the court, requiring a party to appear before the court and show cause why a certain action should be taken. The Appendix XII-I specifies the type of Order to Show Cause, the parties involved, and the information that needs to be provided to the court. There are two main types of New Jersey Order to Show Cause Probate Part Action — Appendix XII-I: 1. A Preliminary Order to Show Cause: This is used to initiate a probate proceeding. It requires the party to appear before the court and explain why the requested action should be taken. 2. An Order to Show Cause After Final Judgment: This is used after a final judgment has been entered in a probate proceeding. It requires the party to appear before the court and show cause why the judgment should not be enforced.
New Jersey Order to Show Cause Probate Part Action - Appendix XII-I
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FAQ
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.
(a) Order to Show Cause With Temporary Restraints. On the filing of a complaint seeking injunctive relief, the plaintiff may apply for an order requiring the defendant to show cause why an interlocutory injunction should not be granted pending the disposition of the action.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.
Orders to Show Cause are generally used to avert or prevent irreparable harm to a child or to protect their health, safety, and welfare. Prevention of harm is the reason to seek emergent remedy with the court. The court, in its discretion, may issue an emergency order.
An "order to show cause" is a document signed by a superior court judge. The order to show cause requires a person or entity to appear in court and convince the judge who signed it not to grant the request of the person or entity, called "the plaintiff", who had the judge sign the order to show cause.
Every motion shall include the following language: "NOTICE TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. This written response shall be by affidavit or certification. (Affidavits and certifications are documents filed with the court.