What is an Order to Show Cause?

What is an Order to Show Cause?

• A. A standard Motion on Notice
• B. A type of Motion on Notice that is a preliminary order, signed ex parte, directing the adversary to Show Cause why it should not be granted; after it is signed, the order and underlying motions papers are served on opponent
• C. A summons
• D. A subpoena

Answer: (B)

An Order to Show Cause is an urgent court tool used to obtain rapid relief by making the other side explain why the court should not grant the requested remedy. It operates as a special kind of motion where the court issues a preliminary order directing the opponent to show cause at a specified time why the relief should not be granted. Often issued on an expedited, ex parte basis to preserve the status quo, the order itself is issued first and then served along with the supporting papers so the opponent knows to appear and respond. This description matches the concept of an Order to Show Cause as a type of Motion on Notice that is a preliminary order, signed ex parte, directing the adversary to show cause why it should not be granted, with the order and papers served afterward. A standard motion on notice lacks that urgent show-cause mechanism, while a summons starts a case and a subpoena commands appearance or production.

An Order to Show Cause is an urgent court tool used to obtain rapid relief by making the other side explain why the court should not grant the requested remedy. It operates as a special kind of motion where the court issues a preliminary order directing the opponent to show cause at a specified time why the relief should not be granted. Often issued on an expedited, ex parte basis to preserve the status quo, the order itself is issued first and then served along with the supporting papers so the opponent knows to appear and respond. This description matches the concept of an Order to Show Cause as a type of Motion on Notice that is a preliminary order, signed ex parte, directing the adversary to show cause why it should not be granted, with the order and papers served afterward. A standard motion on notice lacks that urgent show-cause mechanism, while a summons starts a case and a subpoena commands appearance or production.