New York Order to Show Cause

State:
New York
Control #:
NY-SF-22
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PDF
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Description

Order to Show Cause

A New York Order to Show Cause is a court order issued in the state of New York, which directs a party to appear in court and explain why a certain action should not be taken. It is commonly used to compel a party to comply with a court order or to take certain actions. There are two types of Orders to Show Cause in New York: “With Notice” and “Without Notice.” An Order to Show Cause with Notice is when the court orders the party to appear in court and provide written notice to the other party or parties. An Order to Show Cause Without Notice is when the party does not have to provide notice to the other party or parties. In either case, the Order to Show Cause must explain the reason for the order, the action that the party must take, and the date of the court hearing.

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FAQ

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.

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 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.

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.

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).

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

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.

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).

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New York Order to Show Cause