How to win a show cause hearing

How Drafting and Filing Orders to Show Cause Works

First, it is helpful to see what an Order to Show Cause looks like. Here is one that was publicly filed in New York.

To get an order to show cause, movant will typically file a supporting affidavit and often a memorandum of law, explaining why she is entitled to relief.

But instead of filing a “notice of motion,” the movant will draft a court order for a judge to sign right away. And the court order will say how the movant must notify the opposition of the motion, when the responses are due, and when (if at all) there will be a hearing with the judge to discuss the motion.

Is a show cause a warrant

The order may also explain what temporary relief will be in place before the hearing.

Some courts let parties file these papers electronically. But some, since the motion needs to be decided right away, require the parties to physically go to the courthouse and deliver the papers and then wait to hear from a judge in the building.

When To Use an Order to Show Cause

The principal use of an order to show cause is when the movant needs

serving an order to show cause

issue an order to show cause