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What is motion to show cause? |
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[quote]What is motion to show cause? [/quote] What is a Motion? A motion is an application or request to the Court, to grant interim relief, usually made during the pendency of an action. Sometimes we call them applications for pendente lite relief. This means that you are telling the Court that you cannot wait for this action to come to trial and that you need some assistance from it before trial (such as temporary support, an injunction, an order). Motions may be brought before How do I make a motion? Motions may be brought before the Court in two ways. Motions are brought on by Notice of Motion and Supporting Affidavits, Affirmations and Exhibits or by Order to Show Cause with similar supporting papers. A Order to Show Cause is a notice of motion, which is signed by a judge and then becomes an order. |
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Show Cause usually means that someone wants you to do something, that something is either already required or seems reasonable to the judge on first glance (sometimes that "seems reasonable" is loosely defined by the OTHER party, because the judge might not bother to look at the motion at all unless you contest it), and they intend to do what the other party has asked for unless you "show cause" why they should not do it. In Florida, "show cause" is often a motion to show cause why you should not be held in contempt. It often means that there is an order for you to do something already, you've not done it, and they're thinking of punishing you for it. If you contest the motion or ask for a hearing, you'll have the chance to go to the judge and explain why you failed to do what you were ordered to do. |