The rules of civil procedure outline strict requirements for making a motion, though individuals seeking immediate relief may find it easier to complete and file an Order to Show Cause form at the court clerk’s office. An OSC brings quicker relief, as it shortens the time required for providing notice to the other parties in the case.
Andrew’s attorney files an Order to Show Cause asking the judge to order the ex-wife to respond to the discovery requests or face penalties.Īndrew’s ex-wife has two choices: (1) immediately provide responses to all discovery requests, or (2) appear in court to give good cause for not complying. Despite additional requests by Andrew’s attorney, the responses are not provided. Andrew’s ex-wife has failed to provide her responses before the time limit specified in the local rules of civil procedure. For example, Andrew’s attorney sent discovery requests to his ex-wife’s attorney in the form of interrogatories and a demand for production of documents. Difference Between an Order to Show Cause and a MotionĪ party filing an OSC is presenting to the judge a request for some type of immediate relief, providing reasons why the court should grant the order. Orders to Show Cause are also commonly used in housing matters, as well as contempt matters.
In many jurisdictions, an OSC is commonly used in child custody matters that require a temporary order to keep the children safe while the custody proceeding moves along at its usual pace. Where a motion starts the parties on equal footing, as far as the courts are concerned, an OSC requests that the court make a decision, ordering the other party to appear and provide information and evidence why the order should not be made. What is an Order to Show CauseĪn Order to Show Cause (“OSC”) is used in place of a motion in circumstances that require an immediate solution.
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