Q:

What is an order to show cause?

A:

An order to show cause is a court directive that requires one or more of the parties to a case to prove why the court should grant relief to the party, notes New York State Unified Court System. The order justifies why the judge should prevent another party from executing a certain action.

Know More

Full Answer

An order to show cause is aimed at explaining or justifying a request to the court, according to the New York State Unified Court System. For example, if a party requests a court not to take a proposed action or find another party to the case in contempt of another court order, the presiding judge may require the requester to appear in court to explain why the court should grant the request.

An order to show cause must be supported by copies of all the documents that support the request and would enable the judge to make an informed decision, according to the New York State Unified Court System. An affidavit is also required to support the show cause order, according to the Utah Courts.

An order to show cause usually carries a direction to restrain the parties in the case from undertaking specific activities pending its hearing and determination by the court, according to the New York State Unified Court System. All parties to the case are required to be in court on the day of hearing the order to show cause.

Learn more in Law

Related Questions

  • Q:

    What is a court disposition?

    A:

    A court disposition is the court's final ruling on a case or issue in legal proceedings. A court disposition is also needed when property is transferred by a deed or will to another's care or possession.

    Full Answer >
    Filed Under:
  • Q:

    How do you win a slip-and-fall settlement?

    A:

    An individual pursuing an insurance settlement or personal injury lawsuit must be able to prove that someone else was liable for their injury in order to be successful, says AllLaw. This means finding who the liable parties are, and whether or not their negligence caused the injury.

    Full Answer >
    Filed Under:
  • Q:

    What are the exclusive powers of the Supreme Court?

    A:

    The Supreme Court has exclusive powers and official jurisdiction over "all cases affecting ambassadors, other public ministers and consults" as well as any case that involves a state as one of the parties in the case and a foreign government. According to the Federal Judicial Center, the Supreme Court usually exercises its power of exclusive jurisdiction when two states are in a suit against one another.

    Full Answer >
    Filed Under:
  • Q:

    What is a "preliminary examination" in court?

    A:

    A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.

    Full Answer >
    Filed Under:

Explore