Show Cause Order

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Show Cause Order

A court order, made upon the motion of an applicant, that requires a party to appear and provide reasons why the court should not perform or not allow a particular action and mandates this party to meet the Prima Facie case set forth in the complaint or Affidavit of the applicant.

A show cause order, also called an order to show cause, mandates that an individual or corporation make a court appearance to explain why the court should not take a proposed action. A court issues this type of order upon the application of a party requesting specific relief and providing the court with an affidavit or declaration (a sworn or affirmed statement alleging certain facts). A show cause order is generally used in Contempt actions, cases involving injunctive relief, and situations where time is of the essence.

A show cause order can be viewed as an accelerated motion. A motion is an application to the court for an order that seeks answers to questions that are collateral to the main object of the action. For example, in a civil lawsuit the plaintiff generally requests from the defendant documents pertinent to the case. If the defendant refuses to provide the documents or does not make a timely response to the request, the plaintiff may file a motion with the court asking that it issue an order to compel the defendant to produce the documents.

A show cause order is similar to a motion but it can produce a court order on the requested relief much more quickly than a motion can. For example, after a motion is served on the opposing party, that party has a certain number of days under the jurisdiction's rules of Civil Procedure to prepare a response. A show cause order is submitted to a judge, who reads the applicant's papers and decides the deadline for the responding party's submission of papers. The judge may order an opposing party to appear "forthwith" in urgent cases. The judge may hear arguments on the matter at some place other than the courthouse, if necessary, and may allow papers to be served on opposing parties by a method not ordinarily permitted.

A judge may include in the show cause order a Temporary Restraining Order or stay that maintains the status quo as long as the matter is pending before the court. At the hearing on the show cause order, if the responding party fails to rebut the prima facie case (evidence sufficient to establish a fact if uncontradicted) made by the applicant, the court will grant the relief sought by the applicant.

show cause order ("order to show cause" or "OSC)

n. an order of the court directing a party to a lawsuit to appear on a certain date to show cause why the judge should not issue a specific order or make a certain finding. Examples: to show cause why the wife in a divorce action should not be awarded $1,000 a month alimony (spousal support) and $500 a month child support, why the husband should not be ordered to stay away, and why the wife should not have temporary custody of their child. (See: order to show cause)

References in periodicals archive ?
Another important interpretative issue as to the kinds of remand orders that are subject to CAFA appeals concerns whether [section] 1453(c)(1) authorizes appeals from orders remanding a removed class action sua sponte or as a result of a show cause order and, in either case, not based on a party's motion to remand.
Unlike other original writ proceedings, once a show cause order issues in prohibition, it automatically stays the lower court proceeding.
Only when a plaintiff has complied with those requirements may the court issue a show cause order requiring a defendant to file some paper that raises a genuine issue of material fact or constitutes a legal defense in order to avoid the entry of a foreclosure judgment.
The DOT's Show Cause Order proposes to grant antitrust immunity to the alliance and allows for a further period of public comment, after which the DOT will issue a final determination.
Also at that time the state Bureau of Securities Regulation had issued its own show cause order relating to a federal lawsuit alleging the sale of unregistered securities.
On December 19, 2008, the United States Department of Transportation ("DOT") issued its Show Cause Order finding Baltia Air Lines fit, willing and able to operate proposed service from JFK to St.
The new system would allow the Bar to petition the Supreme Court for a contempt and show cause order, allows assignment of such cases to referees for factual findings, and authorizes suspensions in cases where attorneys fail to respond.
He also failed to respond in writing to a show cause order issued by the 11th Circuit court.
Virgin America now awaits its show cause order from DOT.
If it is a judge's opinion that DCF has not complied with its obligations, the court shall issue a show cause order.
31 /PRNewswire-FirstCall/ -- Detroit Edison and a group of stakeholders have reached a settlement agreement on a Michigan Public Service Commission (MPSC) show cause order which asked Detroit Edison to explain why its electric rates should not be reduced.