 | This article has multiple issues. Please helpimprove it or discuss these issues on thetalk page.(Learn how and when to remove these messages) (Learn how and when to remove this message)
|
Anorder to show cause is acourt order that requires one or more of the parties to a case to justify, explain, or prove something to thecourt. It describes an alleged offence and requests that the recipient provides an explanation.
In the United States, courts commonly use orders to show cause when thejudge needs 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 thehearing on the order to show cause concerning contempt the judge will takeevidence 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 theappellant should not be granted the relief requested by thewrit orappeal. An order to show cause is always an interim order (because it is never the first nor the final action in a legal action).[citation needed]
Inremoval proceedings under 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 order or otherprovisional 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.[citation needed]
A show cause notice describes an alleged offence in detail, requesting that the recipient provides an explanation.[3][4]
In Australia, show cause notices may be used in a variety of situations, including:[5][4]
