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New York Order To Show Cause
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NY-UCCJEA-4-A
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FAQ
1 attorney answer As a general rule, the court will, on a contested motion, wait 10-12 days after the motion is docketed to see if an objection is filed. Once that time has passed, the clerk will give the motion and any...
The judge will determine what the facts are. The main objective of the show cause hearing is to get the party who is not following the court's order to do so. The court can also order the relief requested by the moving party (for example, change visitation or transfer custody).
It's basically an order directing a party to appear in court and explain why that party took (or failed to take) some action, or why the court should or should not grant the requested relief.The main objective of the show cause hearing is to get the party who is not following the court's order to do so.
A motion is the standard way to seek certain forms of relief from a court. An Order to Show Cause is often a quicker way to seek the same relief. It usually has some provision which directs you to do something or to refrain from doing something...
You may reschedule an order to show cause by submitting a request or motion for continuance with the court.
If you have been accused of committing a misdemeanor crime, but you have not been arrested, you are entitled to a show cause hearing, also known as a clerk's magistrate hearing to determine if there is probable cause for the issuance of a criminal charge.
A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.
When the opposing party disobeys an order, you ask the court to issue a Rule to Show Cause. In the request, you explain how the opposing party violated the court's order and attach a copy of that order. If the court agrees that its order was violated, it can find the violating party in contempt of court.
The party (plaintiff or defendant) presenting the Proposed Order to Show Cause is known as the movant. - There is a $45 fee to file a Proposed OSC with the court. Pay by cash, Visa/MasterCard/American Express, or postal money order made out to New York County Clerk.