A New York Order To Show Cause is a court order that requires a person to appear in court and explain why a certain action should not be taken. It is typically used in civil court proceedings to establish a temporary stay or injunction. This order is issued by a judge when a plaintiff files a motion or complaint requesting a court order that requires the defendant to explain why the requested relief should not be granted. There are three main types of New York Order To Show Cause: 1) Temporary Restraining Order (TO) TOORO is issued when the plaintiff alleges that immediate and irreparable harm will result if the requested relief is not granted. 2) Preliminary Injunction — A preliminary injunction is issued when the plaintiff alleges that they will suffer irreparable harm if the defendant is not restrained from some action. 3) Permanent Injunction — A permanent injunction is issued when the court finds that the defendant has violated a legal right of the plaintiff and is likely to continue to do so. The court may issue a permanent injunction to prevent the defendant from continuing to violate the plaintiff's rights.
New York Order To Show Cause
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FAQ
A movant requesting an order on an expedited basis must file a motion entitled ?Urgent Motion? and must call to the attention of the clerk of the urgent filing on the day that it is filed.
A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial.
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
There is a process for making a motion without giving notice. This type of motion is called an ?Order to Show Cause.? This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.
N.Y. Civil Practice Law and Rules (CPLR) 320(a) provides three ways in which a defendant may appear in an action: (1) serving an answer; (2) serving a notice of appearance; or (3) making a motion which has the effect of extending the time to answer.