The New York Order to Show Cause (Special Proceeding) is a court order issued by a judge to a party in a legal dispute requiring the party to appear in court and explain why certain orders should or should not be issued. This type of legal action is often used when a party requests an injunction, or when there is a need for a court to expedite a matter. It is also used to secure emergency relief or when a party fails to comply with a court order. There are three types of New York Order to Show Cause (Special Proceeding): Temporary Restraining Orders, Preliminary Injunctions, and Final Injunctions. Temporary Restraining Orders are issued to maintain the status quo and last for a short period of time until a hearing can be held. Preliminary Injunctions are issued to prevent irreparable harm and last until the court issues a final decision. Final Injunctions are issued to permanently enjoin a party from engaging in certain activities and are commonly used as a remedy for damages.
New York Order to Show Cause (Special Proceeding)
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FAQ
Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.
A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.
Submitting the Order to Show Cause (OSC) Papers to the Court G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
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.
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.
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.
"In order to obtain a court order you must prepare a Petition, which outlines you were are, what the relationship is to the person whose birth record you want, along with the purpose for the record. You may want to attach any documents you may have supporting your reasons for your request for a Supreme Court Order.