The New York Affidavit of Service of Order to Show Cause and Affidavit in Support (CIV-GP-19) is a legal document that is used when a person or party is trying to obtain a court order that requires another person or party to appear in court. This form is used when a petitioner is asking the court to issue a court order, or Order to Show Cause, that requires the other party to appear in court to explain why the court should not grant the petition. The Affidavit of Service of Order to Show Cause and Affidavit in Support (CIV-GP-19) is a sworn statement that confirms that the Order to Show Cause was served to the other party. The other party must be served with a copy of the Order to Show Cause, as well as the Affidavit in Support, which is a document that provides the facts and evidence in support of the petition. There are two types of New York Affidavit of Service of Order to Show Cause and Affidavit in Support (CIV-GP-19): personal service and substituted service. Personal service requires that the Order to Show Cause and Affidavit in Support be served to the other party in person. Substituted service allows the Order to Show Cause and Affidavit in Support to be served by mail or by a third party.
New York Affidavit of Service of Order to Show Cause and Affidavit in Support (CIV-GP-19)
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FAQ
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.
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.
It is a notarized testimony assigned by the server, with details of the time date, and manner of service as well as the identity of the person served in order to have a record of the service.
An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party. For example, a party can seek an order granting discovery, or dismissing all or part of an action by bringing an Order to Show Cause.
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.
In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Service is finished 10 days after the filing and the defendant's time to Answer starts to run.
An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted. The movant can file as many affidavits from as many people that he or she thinks will help the Judge decide to do what he or she wants.