An order to show cause is an order of the court requiring a party to demonstrate why a certain order should not be issued. A party seeks an order to show cause when they want the court to take a specific action. This action can be something like issuing a temporary injunction, appointing a receiver, or any other necessary action the court might take. A court generally issues an order to show cause if it believes the party can prove that the requested order should be made.
The process for obtaining an order to show cause begins with a motion or petition filed with the court by a party. In some cases, the court itself may initiate an order to show cause. The motion or petition should include sufficient detail as to why the order to show cause should be issued. In many cases, the party seeking the order to show cause will argue that immediate relief is necessary and provide evidence to support their argument. After the motion or petition is filed, the court will review all filings and decide if an order to show cause should be issued.
Examples of Order to Show Cause
There are a number of examples of when an order to show cause might be issued. For example, if a party is seeking a temporary restraining order, they may file a motion for an order to show cause ordering the court to take immediate action. Another example might be if a party is seeking to have a receiver appointed to manage assets of an estate or corporation, they might file a petition for an order to show cause requesting the court to appoint a receiver.
What Happens After an Order to Show Cause Is Issued?
Once an order to show cause is issued, the court will usually set a date for a hearing to allow the parties to present their arguments as to why or why not the court should take the requested action. The court will then make a decision on whether or not it will issue the requested order. If the order is issued, the court will explain the reasons for its decision.
An order to show cause is an important tool that allows parties to seek relief from the court when other avenues have been exhausted. It is important for parties to understand the process of obtaining an order to show cause and making sure that they provide sufficient evidence and argument to support their request.