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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...
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...
A show cause hearing is held when a person who was granted deferred disposition or an interim judgment failed to comply with the Court's order.At the show cause hearing you will be given the opportunity to show good cause why you failed to comply with the Court's order.
In such a hearing, you are ordered to appear before a judge and show cause why your probation should not be revoked, or a sanction imposed. Typically the court will inform you as to exactly what the alleged violation is, and ask if you admit or deny the allegation.
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 motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.The Court will enter an order in which the judge either grants or denies the motion. See Local Bankruptcy Rule 9013-1 for rules and deadlines for filing and serving most motions.
And, in some extreme circumstances, such as repeated violations, the judge can find one party to be in contempt of court - when a party violates a court order, it's called contempt of court, and a judge can impose penalties, including monetary fines or even jail time.
A party in a family law case can be held in contempt of court and face a civil penalty in the form of a fine as well.In addition to a show cause penalty, a judge can also order make-up time with children, jail time, and award attorney's fees if the court finds contempt.
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.