A New York Affidavit in Support of Order to Show Cause is a sworn written statement made by a party to a legal action in New York. It is submitted to the court in support of an Order to Show Cause, which is a document that asks the court to take certain action. The affidavit sets forth the facts and circumstances of the case in detail and provides the court with the evidence needed to make a decision. There are two types of New York Affidavit in Support of Order to Show Cause: an Affidavit in Support of Custody and an Affidavit in Support of Visitation. The affidavit must be signed in the presence of a notary public and filed with the court.
New York Affidavit in Support of Order to Show Cause
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Affidavit in Support of Order to Show Cause
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Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
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).
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.
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
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.
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 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.