Orders To Show Cause Court Submissions
I am not an attorney, I am a judgment and debt matchmaking expert (Judgment and Collection Agency Broker). This article is my opinion, based on my experience in California, and laws are different in every state. If you need legal advice or a strategy to use, please contact a lawyer.
A Order to Show Cause (OSC) is a court proceeding where one side asks a court make a specific ruling on a proposed order. OSCs are often worded indirectly, as an example "show why a judgment debtor should not have to show their paycheck stubs to the creditor". Even when a judgment creditor just wanted to know the debtor's employer, the captions on OSC orders are often 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 order is usually granted. OSC proceedings are simpler and shorter 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 side, has to include all court papers, the court action requested, and the time, date, and the address of the court hearing. Occasionally an OSC hearing is to request that one party stop an action, pending a decision of another future court hearing.
OSCs need to have at least one Affidavit in Support, and may also include documents that support the requested order of the court. An Affidavit is a sworn signature or statement made before a court clerk or a notary public. The Affidavit explains to the court why they should grant your request. You can also include affidavits from other people, to help prove the court the merits of your request.
All court-submitted papers and affidavits, has to be served on all parties. The side served with your OSC papers, can respond by preparing papers to show their opposition to your motion, with an affidavit, serve them on you, and show up at the hearing.
The local law library or the court, may have a template or example 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 finished your Affidavit, do not sign it unless you are at a notary public, or in front of a court clerk (that has verified that 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.
Be sure you have several copies of all your paperwork because some courts require several copies, and one copy needs to be served on the other party. What happens next, depends on which court one is at.
Most often, the court clerk takes your submitted paperwork and has the judge sign it, then they put it on the court calendar. Sometimes you must 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 needs to be served on the other party. Before you have it served, make several copies, because the OSC having a judge's signature, is the most important copy.
If you want to oppose a proposed OSC order, you need to submit opposition papers, and serve them on the other party. If you want the court to decide something not listed on the original OSC, that is called a cross-motion, and sometimes that is heard at the same date as the original OSC hearing.
Sometimes the judge will make their decision on the OSC hearing right away, other times the court will mail 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 can be appealed, however you need to have a meritorious reason and proof to win an appeal.
About the Author
http://www.JudgmentBuy.com - is the best and fastest judgment and debt solution, where Judgments and debts quickly get recovered by the very best - matched to your debtor. Mark Shapiro - Judgment and debt Broker - best quality free leads for collection agencies and contingency collection attorneys.
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