Is a motion an order?

A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.

When to file opposition papers to an order to show cause?

Opposition papers can be filed in the courtroom on the date that the Order to Show Cause is heard, or in the clerk’s office before that date. If you have been served with an order to show cause and wish to ask the court for relief of your own, you may bring your own Order to Show Cause.

How does the opposing party respond to an order to show cause?

The opposing party must prepare a response, or “answer,” to the Order to Show Cause, stating why he objects to the issuance of the court order requested in the OSC. This response must be filed with the court clerk, and a copy served on the filing party.

What is the definition of an order to show cause?

Definition of Order to Show Cause. Noun. An order issued by the court that a party appear in court on a specified date and time to give reasons (show cause) why an order requested by the opposing party should not be made.

When to bring a motion instead of an order to show cause?

If you are not sure a judge would sign your order to show cause, if you do not need to appear in court within the motion service time, or if you do not seek interim relief such as a stay before the motion is heard, you may decide to bring a motion instead of an order to show cause.

Can a defendant file an opposition in a motion?

A “motion” is a written request that tells the judge what the person wants the judge to order and why. Either the Plaintiff or the Defendant can file a motion. A court date is set for any motion that is filed. The other party can file a written “opposition and countermotion” if he or she disagrees with the other party’s requests.