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Commonly Asked Questions about Affidavit Legal Forms

What is an Order to Show Cause in NY family court?

In New York, this type of substitute motion is called an Order to Show Cause. An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced theres a real emergency.

How do you respond to an Order to Show Cause in NY?

You must submit original answering papers to the court with original affidavits of service at the time and place indicated in the Notice of Motion or Order to Show Cause. Your answering papers should be written in a clear, concise, and organized manner.

What is an emergency order to show cause in NY family court?

There is a process for making a motion without giving notice. This type of motion is called an Order to Show Cause. This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

What qualifies as emergency custody in NY?

In New York, a parent, grandparent, or another relative can petition the court for an emergency custody order if there is reason to believe the child is in imminent danger. This is a temporary order issued after an ex parte hearing if the court has reason to believe the child might be at risk from: Abuse or neglect.

What is a summons with notice demand for complaint in NY?

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.

What is proof of service in NY?

Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.

How long do you have to file an affidavit of service in NY?

If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.

What is an emergency Order to Show Cause in NY?

An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.