New York Habeas Corpus — Order to Show Cause is a legal document issued by a court in New York State to bring a prisoner before the court to determine whether the prisoner is being unlawfully detained or confined. The Order to Show Cause is used to challenge the legality of a prisoner's detention. It is a writ of habeas corpus, which is an ancient legal procedure that allows a person to challenge the legality of their detention in court. There are two types of New York Habeas Corpus — Order to Show Cause: 1)The First Department Habeas Corpus — Order to Show Cause, which is issued by the Appellate Division of the Supreme Court in the First Judicial Department; and 2)The Second Department Habeas Corpus — Order to Show Cause, which is issued by the Appellate Division of the Supreme Court in the Second Judicial Department. The Order to Show Cause must be served upon the warden or other officer in charge of the prisoner, and the prisoner must be brought before the court to answer the Order. The court then holds a hearing to determine whether the prisoner's detention is legal.
New York Habeas Corpus - Order to Show Cause
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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).
CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.
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. The OSC tells the court and the other side what the movant wants the Judge to do.
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).
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.
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
22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.