Instruction for Preparing an Order to Show Cause- NY City District Court
INSTRUCTIONS FOR PREPARING AN ORDER TO SHOW CAUSE
An order to show cause requires the following:
1. The order to show cause (see sample Form A).
2. A supporting affidavit or affirmation (see sample Form B). There are certain statements which
MUST be included in the affidavit/affirmation. YOU MUST ADD THESE STATEMENTS TO THE SAMPLE FORMS.
Your papers will only be submitted to the Judge if they are in proper form. Remember, it is the Judge who makes the decision of whether or not to sign your proposed order to show cause.
IF THE JUDGE SIGNS THE ORDER TO SHOW CAUSE, YOU MUST HAVE A COPY OF IT AND OF THE PAPER ANNEXED TO IT (AS WELL AS ANY OTHER PAPERS SPECIFIED IN THE ORDER) SERVED ON THE DEFENDANTS WITHIN THE TIME LIMIT SET IN THE ORDER.
THE COURT WILL OFTEN SET A VERY SHORT PERIOD OF TIME IN WHICH THE MOVING PARTY MUST SERVE THE DEFENDANTS. AS A PRECAUTION, YOU SHOULD BE PREPARED TO SERVE THE DEFENDANTS WITHIN 24 HOURS. ONCE YOU HAVE DONE THIS, COMPLETE AN AFFIRMATION OF SERVICE AND RETURN THE ORIGINAL SIGNED ORDER TO SHOW CAUSE WITH THE AFFIRMATION OF SERVICE TO THE PRO SE CLERK.
You must appear in court on the date and time stated in the order.
If you have any questions, ask the Pro Se Clerk or call (718) 613-2665.
*If you have a case pending in this court which has been assigned a judge and docket number,
please see the attached instructions for information on how to prepare and file the order to
show cause. You must include the docket number on all your papers.
*If you do not have a case pending before this court, you must include a properly-completed
complaint at the time you submit the proposed order to show cause. You cannot submit an
order to show cause alone if you have not filed a complaint either previously or at the same
time as you submit the proposed order to show cause.
ALL SUPPORTING AFFIDAVITS/AFFIRMATION MUST COMPLY WITH THE FOLLOWING RULES
1. Rule 65(b) of the Federal Rules of Civil Procedure – No temporary restraining order will be
granted unless the party states the attempt, if any, made to notify the adversary of the restraining
Sample Statement: At approximately 10:30 a.m., Monday, May 24, 1982, I spoke to the
defendant on the telephone and advised him that an application would be made by plaintiff
of a temporary restraining order and an order directing him to show cause why he should not
be preliminarily enjoined.
2. Local Rule 6.1(d) – No ex parte order, or order to show cau se to bring on a motion, will be
granted except upon a clear and specific showing by affidavit of good and sufficient reasons why
a procedure other than by notice of motion is necessary, and stating whether a previous application
for similar relief has been made.
Sample Statement:Since there are only five days until the October 1982 primary, this motion
has been brought by order to show cause and no prior request has been made for the relief
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK SAMPLE FORM
ORDER TO SHOW CAUSE FOR
against PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER
________________________________X ____ CV _______________ ( )
Upon the affidavit of _______________________________sworn to the________day of_______,
20______, and upon the copy of complaint hereto annexed, it is ORDERED, that the above named
defendant(s) show cause before a motion term of this Court, at room ______, United States Court
House, Cadman Plaza East in Kings County and State of New York on ____________, 20______,
at ________o’clock in the _______ noon thereof, or as soon thereafter as counsel may be heard, why
an order should not be issued pursuant to Rule 65 FRCP enjoining the defendant(s) during the
pendency of this action from
________________________________________________________________; and it is further
ORDERED, that sufficient reason having been shown, therefore, pending the hearing of plaintiff’s
application for a preliminary injunction, pursuantto Rule 65 FRCP the defendant(s) are temporarily
restrained and enjoined from
and is further ORDERED, that security inthe amount of $ ___________ be posted by the plaintiff(s)
and it is further ORDERED, that personal serviceof a copy of this orderand annexed affidavit upon
the defendant(s) or his counsel on or before ___________ o’clock in the ______noon,
______________, 20 _____ shall be deemed good and sufficient service thereof.
Brooklyn, New York ___________________________________
United States District Judge
SAMPLE FORM OF AN AFFIDAVIT OR AFFIRMATION
IN SUPPORT OF ORDER TO SHOW CAUSE FOR
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
____ CV ___________ ( )
STATE OF NEW YORK
COUNTY OF (county where you are)SS.:
(your name) , [being duly sworn] deposes and says [or: makes the following
affirmation under the penalties of perjury]:
I (your name) , as plaintiff in the above-entitled action, respectfully move this
court to order defendants to show cause why they should not be enjoined from/to [specify what you
want the court to order] until a final disposition on the merits in the above-entitled action.
Unless this order is issued, I will suffer immediate and irreparable injury, loss and damage
in that[specify the injury or damage you will suffer. Explain what defendants have done in the
past. Be specific]. As can be seen from the foregoing, I have no adequate remedy at law.
WHEREFORE, I respectfully request that the Court grant the within relief as well as such
other and further relief that may be just and proper.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: [date] [your signature]
(or for an affidavit)
Sworn to before me this ______day of _____ 20____
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