The Free Dictionary indicates that a show-cause hearing is a legal proceeding in which a party to a legal action appears in court and provides reasons why the court should not take proposed action. Show-cause hearings usually occur following the application of a third party requesting specific relief, such as a request for a temporary restraining order or in other situations when time is of the essence.Know More
A show-cause hearing occurs in response to a show-cause order or a motion to show cause. According to The Free Dictionary, this type of proceeding is similar to a motion, and it is one in which one party to a legal action asks the court to order the other party to comply with an order or request. For example, in a civil dispute, both parties typically must produce certain documents relevant to the case. If one of the parties fails to do so in a timely manner, the court may issue a show-cause order requiring the offending party to come to court and demonstrate why it has not complied.
According to NOLO's DivorceNet, show-cause hearings also are common in divorce proceedings when issues of custody, visitation, alimony and child support arise. For example, in a case in which a custodial parent fails to abide by a visitation agreement, the noncustodial parent may file an application requesting a show-cause hearing. During this hearing, the custodial parent must provide legal reasons for breaching the agreement.Learn more about Law
A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Full Answer >
Courts have different requirements for motions based on the local court rules and the type of motion to file. Because motions are very important in litigation, it is best to confer with the local courts or an attorney, recommends FindLaw.Full Answer >
The term "case dismissed" is used by courts to end a legal action prior to completing the trial process, according to USLegal. This action may occur prior to the start of the trial or during the trial in response to a filed motion.Full Answer >
A default "prove up" hearing is one in which the other party does not attend the hearing, but the plaintiff must still demonstrate the facts necessary to make his claim, according to the Law Offices of Stimmel, Stimmel & Smith. It is an exception to a general rule.Full Answer >