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An order to show cause in most Anglo-Saxon law systems is a type of court order that requires one or more of the parties to a case to justify explain or prove something to the court courts commonly use orders to Show Cause when the judge needs more information before deciding whether to issue an order requested by one of the parties for example if a party requests that the court find another party in contempt of an existing court order the judge will typically issue in order to show cause Can tempt to the party accused of being in contempt of court at the hearing on the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order appellate courts often issue orders to Show Cause two lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ or appeal an order to Show Cause is always an interim order in some jurisdictions such as New York an order to Show Cause is used routinely to initiate a motion when a traditional notice of motion would not be sufficed ENT euro for example when the moving party wishes to vary the usual schedule for considering a motion or when a temporary restraining order or other provisional remedy is being sought by presenting an order to show cause with supporting papers the moving party has the opportunity to obtain the judges input at the outset of the motion rather than waiting until all the moving answering and reply papers are fully submitted the use of an order to Show Cause instead of a notice of motion does not affect the party's burden of proof on the underlying motion see also injunction gag order references
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