Also called a “show cause order”, order to show cause (OSC) is a type of court order usually made at your request. It needs all of the parties of a legal dispute to appear in the court and give justifications and reasons as for why the court should or shouldn’t issue a particular order.
Such an order is often filed in legal dispute cases, where one of the parties is not satisfied with the court order. For instance, it may be used to prevent a party from a certain activity, like harassment. The judge may even add a temporary preventive order to the show cause order.
In cases of contempt or probation violations, you can also use an OSC. This order is typically used in situations where time is a factor. You have to give the other parties involved in the lawsuit, a chance to respond. So, it doesn’t matter if you are defending the case or playing the plaintiff, you will have to provide a notice in writing to the person, who you are suing (or who is suing you) telling him/her of your order to show cause.
The Process of Order to show cause (OSC)
Prior to the hearing of OSC, each of the parties has to file court papers and documents that tell the judge his/her side of the case indicating what should be ordered.
For instance, in case of a divorce or legal separation, the kind of orders that a judge will make on the OSC hearing held before the trials will include:
- orders for interim custody and visitation
- orders for interim child support, and interim spousal support
Such temporary orders generally dissolve on the trial date.
On the actual OSC hearing date, you or the other party can add new information, answer to the questions that the judge asks, and explain to the court how you believe that the law applies to your case.
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