Failing to follow the 'ORDER' will subject you to a finding of contempt. These pages may contain an 'ORDER' for you to do something or not to do something. When you get an order to show cause, read the first few pages very carefully. Also, orders to show cause typically include the following kinds of relief sought: disclosure, attachment, Failure of Title, arrest of judgment debtor, Review of Ex Parte Orders, Orders of Attachment, Temporary Restraining Order, Vacate or Modify Temporary Restraining Order, Habeas Corpus Petition, Seizure of Chattel, Taxation without Notice, Security for Costs and Sale of Personal Property. Many divorces commence with an order to show cause where the litigant wishes to impress upon the court the emergent nature of the grounds for the divorce. That is the key difference between these two types of applications: notice to the adversary.

This type of application is very fast and it is created and signed before the adversary ever gets notice of it. The 'order' portion of the Order to Show Cause may include a temporary restraining order preventing the adversary from doing something - like draining out an account that is in controversy. Typically, the judge has 60 days to enter a written order.ДЄn Order to Show Cause is filed, signed by the judge first, and then served upon an adversary. The adversary has an opportunity to respond to the motion by filing opposition papers and then appearing on a designated date to argue his cause before the judge. The difference is that a motion is filed and served upon an adversary.

Relief could be, for example, a forced sale of a home, a custodial flip or payment for a psychologist. Typically, an application seeks 'relief' during the course of an ongoing case. These are both applications to a court for the court to decide something. A motion and an order to show cause are the same thing.

Order to show cause new york