An order to show cause 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
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
. 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
Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audit ...
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
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
courts often issue orders to show cause to lower courts requesting that the lower court explain why the
appellant
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
should not be granted the relief requested by the
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
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
removal proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an ...
under the
Immigration and Nationality Act, the term "Order to Show Cause" (OTSC) was replaced by "
Notice to Appear
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
" (NTA) as of April 1997.
[See, e.g., ] 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
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
or other
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 (e.g. garnishment, replevin, attachment) that a Fe ...
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.
See also
*
Summons
*
Injunction
*
Gag order
A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may ...
*
Good cause
Good cause is a legal term denoting adequate or substantial grounds or reason to take a certain action, or to fail to take an action prescribed by law. What constitutes a good cause is usually determined on a case-by-case basis and is thus relativ ...
References
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Court orders