Drafting an Order to Show Cause

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Filing an Order to Show Cause (OSC) is paramount to initiating proceedings in court, yet it is all too often neglected or given insufficient attention. As an expert in legal documents, I believe it is pivotal to understand the importance of getting this crucial step right, as well as the potential repercussions of failing to do so.

An OSC serves as the basis for any case before a judge and should be crafted with precision and completeness. This includes making sure all necessary facts are included and that language used is legally accurate; additionally, it must also feature the hearing’s date, time and whereabouts along with information on which court and judge will preside over it. On top of this, deadlines for filing, serving and responding to the OSC must also be taken into account - missing these can have serious consequences such as dismissal or granting of the requested order being granted.

Furthermore, one should remember that any legal document must be treated with gravity in terms of care and due diligence - particularly in regards to an OSC which holds so much weight when bringing a case before a judge. It may sound daunting but there are tools available that make matter easier. The Genie AI team has developed an open source library featuring millions of data points which teach its AI what a market-standard OSC looks like; allowing users access to our template library without needing a Genie AI account makes drafting high quality legal templates achievable for those without legal know-how or professional aid – giving you more certainty over your success.

In my opinion, understanding why getting your OSC right matters could mean the difference between winning or losing your case; following through with care and attention can help ensure proceedings are resolved quickly while providing you more assurance over success - so read on below for our step-by-step guidance on how best to craft your order today!

Definitions (feel free to skip)

Order to Show Cause: A legal document used to initiate a court case, typically when one party believes they are being wronged and needs a court order to compel the other party to take a certain action or cease a certain activity.
Injunction: A court order requiring a party to do or not do something.
Temporary Restraining Order: A court order that prohibits a party from taking a certain action for a limited amount of time.
Permanent Injunction: A court order that prohibits a party from taking a certain action indefinitely.
Contempt of Court: A violation of a court order, usually resulting in a fine or other penalty.

Contents

• Explaining what an Order to Show Cause is and why it is used
• Outlining the required elements of an Order to Show Cause
• Name of court
• Parties involved
• Nature of the case
• Relief requested
• Date for hearing
• Providing an example of an Order to Show Cause document
• Giving guidance on how to properly format an Order to Show Cause
• Formatting of names, dates, and other information
• Appropriate wording and language
• Font size and type
• Explaining the process of serving an Order to Show Cause to the other party involved
• Who may serve the Order
• How the Order should be served
• What happens if the Order is not served properly
• Explaining the potential consequences of failing to comply with an Order to Show Cause
• Contempt of court
• Fines or other penalties
• Criminal charges
• Offering advice on how to respond to an Order to Show Cause
• Meeting the relevant deadlines
• Properly filing any required documents
• Ensuring that all documents are accurate and complete
• Explaining the steps necessary to comply with an Order to Show Cause
• Gathering any necessary documentation
• Submitting required forms
• Participating in any required hearings
• Explaining the process of enforcing an Order to Show Cause
• How a court may enforce an Order
• Penalties for failing to comply with an Order
• Providing resources for further information on Order to Show Cause

Get started

Explaining what an Order to Show Cause is and why it is used

• Understand what an Order to Show Cause is: it is a document that is used to ask a court to take a certain action or to explain why the action should not be taken
• Learn why an Order to Show Cause is used: it is commonly used as a way to prevent an action from occurring (such as a sale of property) until a court can rule on whether the action should be allowed or not
• Check this off your list when you have a good understanding of what an Order to Show Cause is and why it is used.

Outlining the required elements of an Order to Show Cause

• Identify the parties involved in the legal action
• Set forth the relief requested
• Specify the legal basis for the requested relief
• Specify the timely filing of the Order to Show Cause
• Identify a date and time for the hearing
• Specify the manner of service for the Order to Show Cause
• Provide for any additional relief
• Provide for any other related matters

Once you have outlined all of the required elements for the Order to Show Cause, you can check this off your list and move on to the next step: naming the court.

Name of court

• Locate the district court in which you plan to file the Order to Show Cause; if you’re unsure of the district, research the district court’s website or contact the court clerk.
• Include the name of the court in the document.
• You can check this step off your list when the court name is included in the Order to Show Cause.

Parties involved

• Identify who are the parties involved in the case - typically this will be the petitioner (the one bringing the case) and the respondent (the one being sued)
• The petitioner will be the one filing the Order to Show Cause, so make sure to include their name, address, and contact information
• Similarly, include the respondent’s name, address, and contact information
• How you’ll know when you can check this off your list and move on: You should have clearly identified both the petitioner and the respondent and have their contact information in order to proceed to the next step.

Nature of the case

• Identify the legal issue the order to show cause is meant to address.
• Explain the facts related to the legal issue.
• Determine the legal standard for the issue.
• Once you have determined the legal standard, explain how the facts support or don’t support the legal standard.
• When you have explained the legal issue and the facts related to it, you can check this step off your list and move on to the next step.

Relief requested

• Draft a statement of relief requested as part of the Order to Show Cause, including the relief that the court should grant if the other party fails to comply with the order
• List the specific relief that is requested, such as an injunction, damages, or specific performance
• Clearly articulate the reasoning behind why the requested relief is necessary
• When completed, check off this step and move on to the next step, which is to set a date for a hearing on the Order to Show Cause.

Date for hearing

• Choose a date for the hearing that is at least 10 days from the date of the Order to Show Cause.
• Ensure that the date is a date when the court is open and the judge is available.
• If the person receiving the Order to Show Cause requests a different date, the court can usually accommodate their request.
• Enter the date of the hearing in the appropriate section of the Order to Show Cause document.
• Check this off your list and move on to the next step when the date of the hearing has been entered in the Order to Show Cause document.

Providing an example of an Order to Show Cause document

• Understand what an Order to Show Cause document is and what it is used for
• Search for an example of an Order to Show Cause document online
• Read through example to gain better understanding of the format and structure of the document
• When you have read through the example and feel confident in your understanding of what an Order to Show Cause document is, you can check this off your list and move on to the next step.

Giving guidance on how to properly format an Order to Show Cause

• Use standard 8.5 x 11 inch paper
• Use a font size of 12 pt.
• Make sure all info is entered correctly and accurately
• Utilize the block format for the document
• Make sure that all parties are listed correctly in the document
• Include the proper language when addressing the order
• Create a table of contents if necessary
• Make sure to include the signature line for all parties
• Follow all formatting guidelines for the court
• Proofread the document for accuracy

You will know that this step is complete when all of the formatting guidelines have been followed and the document is ready to be submitted to the court.

Formatting of names, dates, and other information

• Make sure all names are listed correctly
• Double check proper spelling and title of names
• Include the correct court information (name, address, court number)
• Include the correct case number
• Make sure the dates are listed correctly (date of filing, hearing date, etc.)
• Format all other information in the document appropriately (font size and style, margins, etc.)
• Verify all relevant information is included

When you have double checked all information, you can check this step off your list and move on to the next step.

Appropriate wording and language

• Draft an Order to Show Cause in plain and concise language
• Utilize language that is clear and straightforward
• Avoid using legal terms or jargon in the Order to Show Cause
• Check your draft for accuracy and clarity once finished
• Once you are satisfied that your Order to Show Cause is accurate and clear, you can move on to the next step of formatting of names, dates, and other information.

Font size and type

• Choose an appropriate font size and type.
• Make sure the font size is large enough to be easily readable.
• Use a serif font such as Times New Roman or Georgia, or a sans serif font such as Arial or Calibri.
• Make sure the font size and type remains consistent throughout the document.

Once you have chosen an appropriate font size and type, you can move on to the next step.

Explaining the process of serving an Order to Show Cause to the other party involved

• Contact the other party to arrange for service. If the other party does not respond, you may have to resort to alternative service methods, such as leaving the Order to Show Cause with an adult household member or even with a neighbor.
• If the other party agrees to accept service, you may be able to do so in person, or you may need to mail the Order to Show Cause.
• If the other party does not agree to accept service, you may need to request permission from the court to serve the Order to Show Cause in an alternative manner.
• You will know you can move on to the next step when the other party has been successfully served with the Order to Show Cause.

Who may serve the Order

• The order to show cause must be served by a person over the age of 18, not a party to the case.
• If the party to be served lives in the same county as the court, service must be made by a sherriff or a process server.
• If the party lives in another county, service must be made by a process server, or a person over the age of 18 who is not a party to the case.
• Once the order is served, you will know it has been completed and can move on to the next step.

How the Order should be served

• Serve the Order to Show Cause by personal service, meaning delivering the Order directly to the person.
• Send a copy of the Order by certified mail, return receipt requested, to the person’s last known address.
• Once the Order has been served, complete the Affidavit of Service, noting the date and time of service, and return it to the court.
• You will know you can move on to the next step when the Affidavit of Service is completed and returned to the court.

What happens if the Order is not served properly

• Check the local rules of the court to determine the consequences of failing to serve the Order to Show Cause properly.
• Make sure to serve the Order to Show Cause properly according to the local rules.
• Monitor the progress of service to ensure that it is done correctly and in a timely manner.
• Confirm that the Order to Show Cause has been properly served once it has been completed.
• Once the Order to Show Cause has been properly served, you can move on to the next step.

Explaining the potential consequences of failing to comply with an Order to Show Cause

• Explain to the court how failing to comply with an Order to Show Cause can lead to a contempt of court charge.
• Outline the consequences of contempt of court, such as fines, jail time, or both.
• Make sure to clearly articulate the potential consequences of not complying with the Order to Show Cause.
• Once you have explained the potential consequences of failing to comply with an Order to Show Cause, you can move on to the next step.

Contempt of court

• Define the court’s contempt powers, including the types of contempt (civil or criminal)
• Explain the potential consequences of contempt, including fines or jail time
• Outline the court’s procedures for responding to contempt charges
• Explain the burden of proof necessary to prove contempt and the standard of proof that must be met
• Describe the process of filing and serving an Order to Show Cause
• Detail the process of responding to an Order to Show Cause

When you can check this off your list:

• You have defined the court’s contempt powers
• You have explained the potential consequences of contempt
• You have outlined the court’s procedures for responding to contempt charges
• You have explained the burden of proof necessary to prove contempt
• You have described the process of filing and serving an Order to Show Cause
• You have detailed the process of responding to an Order to Show Cause

Fines or other penalties

• Research the applicable laws in your jurisdiction to determine whether fines or other penalties may be applicable for the contempt of court that is alleged
• Consult with the client to determine whether they wish to seek fines or other penalties in addition to any other remedies they are seeking
• Draft a motion to the court requesting appropriate fines or other penalties, including any applicable statutory or other authority
• File the motion with the court and provide notice to the opposing party
• Serve the motion on the opposing party
• When the court has ruled on the motion, you can check this step off your list and move on to the next step.

Criminal charges

• Gather evidence of the alleged criminal activity
• Decide whether to file criminal charges and what type of criminal charges to file
• If filing criminal charges, contact the police or other law enforcement agencies to make a complaint
• If filing criminal charges, determine the jurisdiction in which the criminal charges should be filed
• Prepare a complaint or other legal documents to file the criminal charges in the appropriate court
• Serve notice of the criminal charges to the respondent
• Check off this step and move on to the next step when the criminal charges have been filed and served.

Offering advice on how to respond to an Order to Show Cause

• Carefully review the Order to Show Cause to determine its requirements and deadlines
• Prepare a response that addresses the court’s concerns and clearly states your position
• Submit the response to the court in the prescribed manner and by the deadline
• Keep a copy of the response for your records
• You can check this off your list when you have submitted the response to the court and kept a copy for your records.

Meeting the relevant deadlines

• Look at the rules governing your jurisdiction to determine the deadlines for filing a response to an Order to Show Cause.
• File any necessary documents by the deadline.
• Check with the court to make sure that the documents were received and accepted.
• You will know that you have completed this step when the court has accepted your response and the documents you have filed.

Properly filing any required documents

• Ensure that the documents required to be filed with your order to show cause are correctly prepared and filed.
• Make sure to file the documents with the court clerk, and obtain a file-stamped copy of the documents.
• You will know you have completed this step when you have filed the documents with the court clerk and obtained a file-stamped copy.

Ensuring that all documents are accurate and complete

• Carefully review the documents to ensure that all information is accurate
• Ensure that all documents are signed and dated where necessary
• Double-check all documents for typos or errors
• When you are satisfied that all documents are accurate, dated, and signed, you can move on to the next step.

Explaining the steps necessary to comply with an Order to Show Cause

• Review the Order to Show Cause to determine what action needs to be taken
• Draft a document outlining the steps to be taken to comply with the Order
• Include a timeline and any specific instructions requested in the Order
• Include any supporting documents as required
• Once the document is complete, ensure that it is accurate and compliant with the Order
• When you have verified the document is accurate and complete, you can move on to the next step.

Gathering any necessary documentation

• Gather all necessary documents related to the Order to Show Cause, such as proof of income, proof of ownership of assets, and other evidence of your ability to comply.
• Check with the court to make sure you have all the documents needed to submit your response to the Order to Show Cause.
• When you have all the necessary documents, you can check this off your list and move on to the next step.

Submitting required forms

• Prepare the required forms that must be submitted to the court.
• Review the order to show cause form to ensure that all required information is included.
• File the order to show cause form with the court.
• Pay any applicable filing fees.
• Check with the court to confirm that the form has been accepted and the filing fees have been paid.
• You will know you have completed this step when the court has accepted your order to show cause form and the filing fees have been paid.

Participating in any required hearings

• Consult the court calendar to determine when your hearing will be scheduled.
• Attend the hearing and present your case.
• Ensure the judge issues a ruling or a decision before you leave the courtroom.
• You will know when you can check this step off your list when the judge has issued a ruling or a decision.

Explaining the process of enforcing an Order to Show Cause

• Research the laws and regulations related to enforcing an Order to Show Cause in your jurisdiction
• Determine whether the Order to Show Cause can be enforced through a writ of execution, garnishment, or other means
• Draft the Order to Show Cause so that it is legally binding, including specifying the relief sought and the method of enforcement
• File the Order to Show Cause with the court

When you’ve completed these steps, you can move on to the next step of participating in any required hearings.

How a court may enforce an Order

• Learn the common ways a court may enforce an Order, including using fines, sanctions, or other means of recompense
• Understand the process of contempt of court and the consequences of disobeying an Order
• Research the local court rules on enforcing Orders to Show Cause in your jurisdiction
• Check off this step when you feel confident you understand how a court may enforce an Order

Penalties for failing to comply with an Order

• Understand that failure to comply with an Order to Show Cause can result in contempt of court and penalties.
• Research the applicable state or federal laws for the area in which the Order was issued to determine the potential penalties for failure to comply.
• Consult with an attorney to ensure that all applicable laws are taken into consideration when drafting the Order to Show Cause.
• Check off this step when you have thoroughly researched and understood the potential penalties for not complying with an Order to Show Cause.

Providing resources for further information on Order to Show Cause

• Identify credible sources of information on Order to Show Cause, such as legal articles, websites, or textbooks.
• Take notes on the resources you find and save them for reference.
• Research applicable laws in your jurisdiction related to Order to Show Cause and jot down notes.
• When you are satisfied with your research, you can check this off your list and move on to the next step.

FAQ:

Q: Is the Order to Show Cause process similar in the UK, USA and EU?

Asked by Abigail on 4th May 2022.
A: The Order to Show Cause process is similar in the UK, USA and EU in terms of its purpose, which is to notify a party who has violated or is accused of violating a court order or law that they must appear in court and explain why they should not be held in contempt. That said, there are slight differences in the terminology used, and court rules and requirements may vary slightly between jurisdictions. It’s important to research and understand the relevant laws, regulations, and procedures applicable to the jurisdiction you are operating within.

Q: Is the Order to Show Cause process applicable to all industries?

Asked by Jayden on 15th April 2022.
A: Yes, the Order to Show Cause process is applicable to all industries; however, there may be certain nuances depending on the industry you are operating within. For example, some industries may require additional evidence or documentation for an Order to Show Cause to be issued. Additionally, different industries may have different regulations or standards regarding how a response to an Order to Show Cause must be submitted. It’s best practice to research and understand any applicable laws and regulations for your industry before taking any action.

Q: Is an Order to Show Cause required for a SaaS business?

Asked by Madison on 22nd June 2022.
A: Whether an Order to Show Cause is required for a SaaS business will depend on the circumstances of the business and its operations. If a SaaS business has been accused of violating a court order or law, then it may be subject to an Order to Show Cause process. However, it’s important that any legal advice given is tailored specifically for your individual business’s needs and context.

Q: How do I draft an effective Order to Show Cause?

Asked by Noah on 28th October 2022.
A: Drafting an effective Order to Show Cause involves taking into account all relevant information concerning the case at hand, as well as researching and understanding any applicable laws or regulations for your jurisdiction. Additionally, it’s important that the document is written in clear language so that it can be easily understood by all parties involved in the case. It’s recommended that you seek professional legal advice when drafting an Order to Show Cause for your particular circumstances as this will ensure that it meets all applicable legal requirements.

Q: What information needs to be included in an Order to Show Cause?

Asked by Emma on 16th January 2022.
A: An effective Order to Show Cause should include all relevant information concerning the case at hand such as details about the party who has violated or is accused of violating a court order or law; details about any witnesses; details about any documents that need to be produced; details about the proposed hearing; and details about any requests for relief. Additionally, it’s important that the document includes clear instructions outlining what steps need to be taken next by all parties involved in the case.

Q: What happens if I do not comply with an Order to Show Cause?

Asked by Michael on 13th August 2022.
A: If you do not comply with an Order to Show Cause then you could face civil or criminal penalties depending on your jurisdiction and circumstances of the case at hand. Additionally, failure to comply with an Order can also result in a finding of contempt of court which can have serious consequences such as fines, imprisonment or even seizure of property. It’s therefore important that you seek legal advice if you are unsure as to how best respond or comply with an Order in your particular circumstances as this will help ensure that you meet all applicable legal requirements.

Q: Are there any exceptions or defences available when responding to an Order To show cause?

Asked by Ava on 6th December 2022.
A: Generally speaking there are two main exceptions or defences which can be used when responding to an Order To show cause; these are ‘disobedience was reasonable’ and ‘disobedience was excusable’ defences. The former defence applies if it can be shown that there were reasonable grounds for disobeying a court order; whereas, the latter defence applies if it can be demonstrated that there were extenuating circumstances preventing compliance with a court order such as illness or other unavoidable events beyond your control preventing compliance with a court order (e.g., natural disasters). Your particular circumstances should always be taken into account when deciding which defence is best suited for your case and so it’s recommended that you seek professional legal advice before taking action.

Q: How long do I have after receiving an order To show cause before I must respond?

Asked by Liam on 1st February 2022
A: The time frame for responding will depend on your jurisdiction; however, generally speaking most jurisdictions require parties who have received an order To show cause must respond within 10-14 days from when they received notice of the order unless otherwise stated in their jurisdiction’s specific rules and regulations. In some cases this timeframe can also be extended upon application by either party involved in the case; however again this will depend on local laws and regulations so it’s best practice check with your local jurisdiction before taking any action.

Q: Who is responsible for serving notice of an order To show cause?

Asked by Olivia on 9th July 2022
A: Generally speaking notices of orders To show cause must be served upon parties involved in a case either personally (by delivering them directly) or through certified mail (by sending them through post). In some cases notice may also be served via fax or email; however again this will depend on local laws and regulations so again it’s best practice check with your local jurisdiction before taking any action regarding serving notice of orders To show cause.

Q: Are Orders To show cause applicable internationally?

Asked by Sophia on 26th March 2022
A: Orders To show cause are applicable internationally; however local laws and regulations will dictate how they must be drafted and served upon parties involved in cases outside of their home jurisdictions as well as what defences are available internationally when responding them them (e.g., different countries may have different timeframes or requirements when responding). It’s therefore best practice seek professional legal advice when dealing with cases involving international parties as this will help ensure that all applicable requirements are met before taking any action regarding orders To show cause overseas

Q: Can I appeal against an order To show cause?

Asked by Mason on 19th November 2022
A: Generally speaking appeals against orders To show cause can only be made if certain conditions are met such as if there was a mistake made during proceedings regarding evidence presented or if new evidence has been found after proceedings had already concluded which could affect proceedings outcome significantly etc… Additionally different jurisdictions may also have different rules regarding appeals so again it’s best practice seek professional legal advice before taking any action regarding appealing against orders To show cause as this will help ensure that all applicable requirements are met before submitting appeals

Q: What happens after I have responded To an order To show cause?

Asked by Isabella on 21st September 2022
A: After responding To an order To show cause then usually further proceedings take place such as a hearing where both parties present evidence supporting their arguments which is then reviewed by a judge who decides whether there has been contempt of court based upon all available evidence presented etc… Again different jurisdictions may have different rules about proceedings following responses so again it’s best practice seek professional legal advice before taking any action further proceedings following responses To orders To show cause as this will help ensure that all applicable requirements are met before proceeding with proceedings

Example dispute

Suing a Company for Breach of Contract:

• Plaintiff must prove that an enforceable contract existed between the parties and that the defendant breached its contractual obligations.
• Plaintiff must show that the defendant had a legal duty to perform its contractual obligations and that the defendant failed to do so.
• Plaintiff must show that the breach of contract caused damages to the plaintiff.
• Plaintiff may request a court order requiring the defendant to perform the obligations stated in the contract (known as an order to show cause).
• If the court finds that the defendant failed to meet its contractual obligations, the plaintiff may be entitled to damages, including monetary damages and/or specific performance.
• Damages may be calculated based on the difference between what the plaintiff expected, what the defendant actually provided, and any other related damages caused by the breach of contract.

Templates available (free to use)

Boys Markets Injunctive Relief Order To Show Cause
Cplr Article 78 Proceedings Order To Show Cause
Order To Show Cause For Order Of Attachment New York
Order To Show Cause For Preliminary Injunction And Temporary Restraining Order California
Order To Show Cause For Preliminary Injunction And Temporary Restraining Order New York
Order To Show Cause For Preliminary Injunction Temporary Restraining Order Federal
Order To Show Cause Seeking A Yellowstone Injunction New York
Proposed Order To Show Cause With Optional Temporary Restraints New Jersey

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