Order to show cause
 | The examples and perspective in this articledeal primarily with the United States and do not represent aworldwide viewof the subject.(July 2022) |
Anorder to show causeis a type ofcourt orderthat requires one or more of the parties to a case to justify, explain, or prove something to thecourt.Courts commonly use orders to show cause when thejudgeneeds more information before deciding whether or not to issue an order requested by one of the parties.[1]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 incontempt of court.At thehearingon the order to show cause concerning contempt the judge will takeevidencefrom both sides concerning the alleged failure to comply with the court order.Appellatecourts often issue orders to show cause to lower courts requesting that the lower court explain why theappellantshould not be granted the relief requested by thewritorappeal.An order to show cause is always an interim order (because it is never the first nor the final action in a legal action).
Inremoval proceedingsunder theImmigration and Nationality Act,the term "Order to Show Cause" (OTSC) was replaced by "Notice to Appear"(NTA) as of April 1997.[2]In some jurisdictions, such asNew 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 atemporary restraining orderor otherprovisional remedyis 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.
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- ^Hill, Gerald N.; Hill, Kathleen (2002).The people's law dictionary: taking the mystery out of legal language.New York, NY: MJF Books.ISBN9781567315530.
- ^See, e.g.,"Naizhu Jiang v. Garland, ___ F.4th ___, No. 19-1911".U.S. Court of Appeals for the Second Circuit.Casetext.com. November 24, 2021. p. 6.