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You must appear in court ready to present your arguments on the return date (or adjourned date) of the motion or order to show cause. Opposition papers must be served by the date specified in the Notice of Motion or Order to Show Cause.
Making an Order to Show Cause For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay. The OSC is given to the court for a Judge to review and sign. If the Judge signs it, the Judge picks the court date and fills it in on the OSC.
An Order to Show Cause is used for temporary relief in a family law case, but is obtained very differently than an ordinary motion and has a very different procedure. An Order to Show Cause is one that is filed in order to obtain emergency relief.
In General. An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party.
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.
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