Kings New York Order showing Cause is a legal document commonly used in the Kings County court, located in New York. It is a court order that requires one party involved in a legal matter to appear in court and provide a valid reason or cause as to why a specific action should be taken or prevented. This order is typically issued upon the request of one party and must be duly served to the opposing party. Keywords: Kings New York Order showing Cause, legal document, Kings County court, New York, court order, party, appear in court, valid reason, specific action, prevent, request, opposing party, served. Types of Kings New York Order showing Cause: 1. Temporary Restraining Order (TO): A TO is a type of Kings New York Order showing Cause that provides immediate and temporary relief to the requesting party. It is commonly used to maintain the status quo or prevent irreversible harm until a formal hearing for a preliminary injunction can be held. 2. Preliminary Injunction: A preliminary injunction is another form of Kings New York Order showing Cause that may be granted after an initial hearing. It is issued to maintain the current situation until a final decision is made by the court. This type of order is typically sought when the requesting party believes they will suffer irreparable harm if immediate action is not taken. 3. Order to Show Cause for Contempt: This type of Kings New York Order showing Cause is issued when one party alleges that the opposing party has violated a previous court order. It requires the alleged violator to appear in court and explain why they should not be held in contempt for their actions. 4. Order to Show Cause for Modification: In some situations, a party may wish to modify an existing court order such as child custody, visitation rights, or spousal support. In such cases, a Kings New York Order showing Cause can be filed to initiate the modification process and require the other party to show cause as to why the requested changes should not be made. Overall, Kings New York Order showing Cause is a crucial legal tool that enables parties involved in legal matters within Kings County to petition the court for specific actions or preventions. It ensures that all parties have an opportunity to present their justifications in court while maintaining the integrity of the legal process.
Kings New York Order to Show Cause
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B. 22 NYCRR 1250.9 (a) and 1250.10 (a) provide that, except where the Court has directed that an appeal be perfected by a particular time, a civil appeal must be perfected within six months from the date of the notice of appeal or the appeal is deemed abandoned and dismissed. The rule is self-executing.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
The redelivery of a writ, notice, or other form of legal process to the court after its proper service on the defendant or after it cannot be served.
The usual way to file a motion in the State of New York is called a Motion on Notice. Before a motion will be heard by a Judge, the Plaintiff must serve Defendant eight days before the motion is heard by a judge. The notice is 13 days when the defendant is served by mail.
How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.
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. For example, if a party requests a restraining order from a judge, the judge may need more information.
At a show-cause hearing, the complaining party must produce evidence demonstrating ?probable cause? that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed, 2) the complaint is issued, or 3) the complaint is continued.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
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).
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See also NPL's “Family Law Rules for the City Of New York.” What Does “Incomplete Complaint” Mean In Civil Cases? See NPL's “Consumer Law & Commercial Law” and the New York Rules for Criminal Cases. Civil cases are often settled before litigation begins. See the links to Legal Research in the Law Library below for more details. Can I File A False Claim To Collect Or Recover A Legal Debt? See NPL's “Consumer Law & Commercial Law” and the New York Rules for Criminal Cases. See also the NPL Guide: Personal Injury & Auto Insurance Laws for information on coverage and coverage types. If You Are the Victim Of Consumer Fraud Can Someone Fuse Your Credit Card? The CFPB's Guide to Identity Theft is a very useful resource. We encourage you to visit it and use the information it contains for your own self-defense. In addition to the CFPB's website, you can go to read the section entitled “Identity Theft: A Practical Guide for Law Enforcement.
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