New York Emergency Motion to Remand Cause
Description
How to fill out Emergency Motion To Remand Cause?
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FAQ
An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.
If the parties are unable to resolve discovery disputes after making good faith efforts to do so, it may be necessary to seek the judge's intervention. If you are not able to resolve discovery disputes by discussing them with the other side, Local Civil Rule 37.2 requires that you request a conference with the judge.
Proving Your Case Whatever the reason for being at court, you must convince the judge or magistrate that he or she should rule in your favor. This is done by providing sufficient documentary evidence and witness testimony. There are different standards of proof for various types of cases.
Rules for Ex Parte Papers Apply Because an Order to Show Cause is sought ex parte, it must be accompanied by an affidavit complying with the requirements of CPLR 2217(b). For more on ex parte requirements, see New York County Supreme Court SmartRules? procedural guide: EX PARTE MOTIONS.
A show cause notice is a formal document issued during a disciplinary process. It sets out the details of an alleged offence and asks the recipient to explain why disciplinary action should not be taken. This article will examine how a show cause notice is used in an employment context.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Local Rule 56.1(d) provides as follows: ?Each statement of material fact by a movant or opponent must be fol- lowed by citation to evidence which would be admissi- ble, set forth as required by Federal Rule of Civil Proce- dure 56(e).?
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.