The OSC tells the court and the other side what the movant wants the Judge to do. The Notice of Motion must also tell the court and the other side what the movant is asking the court to do.Īn Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The court locater box can help you contact the court if you have questions about the date, address, courtroom and time. The Notice of Motion must also list the full address of the courthouse, the courtroom number and time. Beware, not every court in New York State hears motions every day of the week. The date must be a day of the week that the court is available for motions. If the motion will be delivered by mail, the hearing date should be at least 21 days after the motion papers are mailed. If the movant wants copies of the other side’s opposition papers (and any notice of cross-motion) at least 7 days before the hearing date to be able to review them and reply to them, the movant chooses a date that gives the other side at least 16 days of notice. But, if the motion will be delivered by mail, the date must give the other side at least 13 days of notice. This date must give the other side at least 8 days of notice. It matters if the papers will be delivered to the other side in person or by mail. The Court Clerk can help you choose the date. Choosing the date is the hardest part of making the motion. This is sometimes called the return date, or the date the motion is returnable. The Notice of Motion tells the other side the date the motion will be heard by the court. The party making the motion is called the movant. Motion papers consist of a top page called a Notice of Motion, followed by an Affidavit in Support of the motion, and copies of any documents that the moving side thinks would help the Judge make a decision. In this case, a motion is a better choice. Some people may be afraid that the Judge won’t sign the order to show cause but still want a chance to see the Judge and argue their side. This is called a stay or a temporary restraining order. It can ask the court for immediate help until the case is back in court, such as stopping a sale of a home, or the taking of money out of your bank account. It can often get you into court faster than a motion. Many people find it easier to make an order to show cause because the court sets the court date and tells you how to deliver the papers to the other side.Īn order to show cause is good to use in an emergency situation. But, a motion has strict rules about the number of days it can be served before the court date. Bringing the case back to court for any reason.įor more information about the different types of motions and orders to show cause, read Common Examples of Motions.īoth a motion and an order to show cause are used to ask the court to do something in a case.Forcing the other side to give you discovery information or.Explaining why you missed your court date or didn’t file an Answer.Asking for more time to do what you agreed to do.
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