Order to show cause
Encyclopedia
An order to show cause, in most Anglo-Saxon law systems, is a type of court order
that requires one or more of the parties to a case to justify, explain, or prove something to the court
. Courts commonly use orders to show cause when the judge
needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court
. At the hearing
on the order to show cause concerning contempt the judge will take evidence
from both sides concerning the alleged failure to comply with the court order. Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ
or appeal
. An order to show cause is always an interim order because it is never the first nor the final action in a legal action.
In some jurisdictions, such as New York
, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy
is being sought. By presenting an order to show cause with supporting papers, the moving party has the opportunity to obtain the judge's input at the outset of the motion, rather than waiting until all the moving, answering, and reply papers are fully submitted. The use of an order to show cause instead of a notice of motion does not affect the parties' burden of proof on the underlying motion.
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
that requires one or more of the parties to a case to justify, explain, or prove something to the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. Courts commonly use orders to show cause when the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. At the hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
on the order to show cause concerning contempt the judge will take evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
from both sides concerning the alleged failure to comply with the court order. Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
or appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
. An order to show cause is always an interim order because it is never the first nor the final action in a legal action.
In some jurisdictions, such as New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy
Provisional remedy
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.Under United States law, FRCP 64 provides with several types of seizure that a Federal Court may use pursuant to state law...
is being sought. By presenting an order to show cause with supporting papers, the moving party has the opportunity to obtain the judge's input at the outset of the motion, rather than waiting until all the moving, answering, and reply papers are fully submitted. The use of an order to show cause instead of a notice of motion does not affect the parties' burden of proof on the underlying motion.