When You Want Something Done, Use An Order To Show Cause
I am not a lawyer, I am a judgment and debt referral expert (Judgment and Collection Agency Broker)
. This article is my opinion, based on my experience in California, and laws vary in each state. If you need a strategy to use or legal advice, please contact a lawyer.
An Order to Show Cause (OSC) is a court procedure where one party asks a court make a specific ruling on their proposed order. OSCs are usually worded indirectly, as an example "show why a judgment debtor should not have to show their paycheck stubs to the judgment creditor". Even when a creditor just wanted to know the judgment debtor's employer, the captions on OSC orders are usually worded indirectly.
The indirect pattern of "show why not" is directed to the other party. If they do not prove to the court why not, the requester's proposed order is usually granted. OSC proceedings are shorter and simpler than full court hearings, as the scope of what is being requested is very narrow.
OSC paperwork sets, which must be served on the other party, must include all court papers, the court action requested, and date, the time, and the address of the court hearing. Sometimes an OSC hearing is to request that one side stop an action, pending the decision of another future court hearing.
OSCs must have at least one Affidavit in Support, and may also include documents that support the requested decision of the court. An Affidavit is a sworn signature or statement made before a notary public or court clerk. The Affidavit explains to the court why they should grant your request. You may also include affidavits from others, to help show the court the merits of your request.
All affidavits and court-submitted papers, has to be served on all parties. The party served with your OSC request, may respond by preparing papers to document their opposition to your motion, with an affidavit, serve them on you, and show up at the hearing.
The the court or your local law library, may have an example or template of an OSC affidavit, or you can create your own. In an Affidavit in Support, you should include:
1) Your name, capacity, and relationship to the case.
2) What you are requesting the court to decide.
3) The reason you are making the request.
4) The facts that support your request, and reference to any copies of attached documents relevant to your case.
5) Whether you have ever made this kind of request before.
After you have completed an Affidavit, do not sign it until you are at a notary public, or in front of a court clerk (that has verified to you they will be a court-approved witness to your signature). After the Affidavit is signed and notarized, it should be attached to the OSC order with either a staple or paper clips, ask the court clerk.
Make sure you have a few copies of all your paperwork because some courts require several copies, and a copy must be served on the other party. What happens next, depends on which court one is at.
Most of the time, the court clerk takes your submitted paperwork and has the judge sign it, then they place it on the court calendar. Sometimes you need to wait days or longer for a judge's signature. Bring a self-addressed stamped envelope for the court.
After a judge has signed an OSC order, it must be served on the other party. Before you get it served, make several copies, because the OSC with a judge's signature, is the one that counts.
If you wish to oppose a proposed OSC order, you must submit opposition papers, and serve them on the other party. If you want the court to decide an issue not listed on the original OSC, that is called a cross-motion, and sometimes that is heard at the same time as the original OSC hearing.
Sometimes a judge will make a decision on the OSC hearing right away, other times the court mails you their decision later. For this reason, always include a self-addressed stamped envelope with your court papers.
After the court's decision is entered by the clerk of the court, the winning party must serve a copy of the OSC order on the other party. OSC orders may be appealed, however you must have a meritorious reason and proof to win an appeal.
by: Mark Shapiro
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