Order to show cause

Order to show cause

An order to show cause, in most Anglo-Saxon law systems, is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.[1] Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.[2] For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court. At the hearing on the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order. Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ or appeal. An order to show cause is always an interim order because it is never the first nor the final action in a legal action.

In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought. By presenting an order to show cause with supporting papers, the moving party has the opportunity to obtain the judge's input at the outset of the motion, rather than waiting until all the moving, answering, and reply papers are fully submitted. The use of an order to show cause instead of a notice of motion does not affect the parties' burden of proof on the underlying motion.

See also

References

  1. ^ Definition of Order to Show Cause by Nolo Press [1]
  2. ^ On line dictionary definition of order to show cause [2]

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Look at other dictionaries:

  • order to show cause — see order 3b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. order to show cause …   Law dictionary

  • order to show cause — An order or rule of court made ex parte, citing an adverse party to appear before the court and show cause, if he can, why a certain thing shall not be done. 37 Am J1st Motions § 38. An alternative to notice of motion in bringing a motion on for… …   Ballentine's law dictionary

  • show cause order — see order 3b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. show cause order n …   Law dictionary

  • show cause — verb present a case, present argument, present cause, present reason, show grounds for associated concepts: order to show cause Burton s Legal Thesaurus. William C. Burton. 2006 show cause …   Law dictionary

  • show cause order — See order to show cause …   Ballentine's law dictionary

  • show cause — (Eng law) To argue against the confirmation of a provisional order or judgement • • • Main Entry: ↑cause * * * Law produce satisfactory grounds for application of (or exemption from) a procedure or penalty …   Useful english dictionary

  • rule to show cause — Same as order to show cause …   Ballentine's law dictionary

  • show cause order — noun law : an order from a court or judge to a litigant ordering him to appear at a stated time to give a good reason why a conditional order should not be made absolute or why something should not be permitted or done in the case * * * Law. a… …   Useful english dictionary

  • show cause — To comply with a rule or order of the court to show cause by offering law and facts to influence the court in its decision of the point before it …   Ballentine's law dictionary

  • rule to show cause — A rule commanding the party to appear and show cause why he should not be compelled to do the act required, or why the object of the rule should not be enforced; a rule nisi (q.v.). See show cause order …   Black's law dictionary

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