The legal definition of a rule to show cause is a court notice for another party, which includes an alert for when the next hearing is scheduled. This court notices also spells out the relief which you are looking for and the general right of the other party to argue for no accepting the relief proposal.
The rule to show cause is also a way to provide short term relief until this next hearing from the court. Filing a rule to show cause is so simple, but you must know-how. In this article, we are about to discuss how do you file a rule to show cause? So, let’s jump into it.
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The Common Use of the Rule to Show Cause
Before we find out how do you file a rule to show cause, let’s learn about the common use of the rule to show cause. The primary purpose of the rule to show cause is to enforce a court order. Let me clear this for you, such as if the other party is not obeying the court order, then you can request the court to file a show cause.
To request for file the rule to show cause, you will have to explain the court what kind of violation the other party made, and if you have any proof, then you should also attach a copy with the order.
Once the court accepts your request to file a rule to show cause, the court will decide whether the other party violated the court order or not. If the court finds out that the other party violated the court order, then the court will also find money or punish the violating party as jail sentences.
How Do You File a Rule to Show Cause?
Once you understand the common uses of the rule to show cause, now, let’s talk about how do you file a rule to show cause. It would be best if you remembered that; the rule may vary depending on which state and country you are in.
The rule may also vary if that state has an ongoing civil matter. That’s why, if you consider filling a rule to show cause, then you will have to check the procedure of your state of the country.
At first, you may find it difficult, but believe me, it’s easier than you think. You just need to go through all the local procedures step by step and fill-up the form for filing a rule to show cause.
If you can’t do it by yourself, then find someone who can help you properly. Once you are done, you need to submit the form to the court and wait until the court signs the order. Always remember that you can’t file a rule to show cause with the court. If you have already filed with the court, then you will have to provide a copy to the opposite party.
What to Know Before Filing a Rule to Show Cause?
There are a few essential things to know before filing a rule to show cause. In the following, we will be discussing those essential tips.
· Dig Up Your Old Order
Remember, you have to take a look at your older files, and if you had a legal advisor before, then call him. It would help if you also visited the courthouse to check that you have a proper copy of the court order. That court order copy is the most important documents to file a rule to show cause.
· Contact Your Legal Advisor
Though it’s not essential to work with your previous legal advisor if you had a legal advisor before, then it will be a wise idea to work with your previous legal advisor. It is because he will understand your case properly and will be able to find the best result.
· Understand the Process
You must understand the process properly to file a rule to show cause. First, you need to ask the court to reopen the case, and you need to file a petition with your legal advisor about the other party’s violation of the court order.
You also have to file a rule to show cause along with the petition, and you will have to provide both of the copies to the other opposition party personally. And lastly, the court will decide a date to find out your allegation is valid or not.
· Be Specific with Your Allegations
To be precise about your claims is so crucial, or the court would not consider your argument. So, if you have any evidence that any person has broken the court order or disobeyed the law, then you will have to attach a copy of the proof with the case papers. These proofs will assist the court in determining whether or not the claim is true.
· Request Payment of Your Legal Advisor
If the claim against the opposing party is true, the court will require that the guilty party pay you the fee for the legal advisor. If the court does not order to pay the charge for your legal counsel, then you can ask your legal attorney to pay for wasting the precious time with your lawyer. If the other party breached the preceding court order, the court would grant the appeal.
I hope you will get an in-depth idea about how do you file a rule to show cause and valuable tips before you file a rule to show cause. So, please make sure you hire an experienced legal counsel if you intend to file a rule to prove cause. Ensure all claims against the other party are valid, or the court will not consider the case.