The Free Dictionary indicates that a show-cause hearing is a legal proceeding in which a party to a legal action appears in court and provides reasons why the court should not take proposed action. Show-cause hearings usually occur following the application of a third party requesting specific relief, such as a request for a temporary restraining order or in other situations when time is of the essence.Continue Reading
A show-cause hearing occurs in response to a show-cause order or a motion to show cause. According to The Free Dictionary, this type of proceeding is similar to a motion, and it is one in which one party to a legal action asks the court to order the other party to comply with an order or request. For example, in a civil dispute, both parties typically must produce certain documents relevant to the case. If one of the parties fails to do so in a timely manner, the court may issue a show-cause order requiring the offending party to come to court and demonstrate why it has not complied.
According to NOLO's DivorceNet, show-cause hearings also are common in divorce proceedings when issues of custody, visitation, alimony and child support arise. For example, in a case in which a custodial parent fails to abide by a visitation agreement, the noncustodial parent may file an application requesting a show-cause hearing. During this hearing, the custodial parent must provide legal reasons for breaching the agreement.Learn more about Law
The process for preparing a court order involves a request for a court order filed by an individual in relation to a court proceeding or at a different period from a hearing or proceeding, as LegalMatch reports. A person may also file a Motion for Temporary Orders, after which a hearing on the motion occurs, explains MassLegalHelp. During such a hearing the judge allows both parties involved to provide arguments before issuing a court order.Full Answer >
A subpoena form should state the name of the issuing court, including its seal, and the title of the proceeding, and it must direct respondents to follow the directions it provides, according to Cornell University Law School. A subpoena directs its addressees to adhere to its directive by taking specified actions at a given time and place. The actions include attending court and testifying, as well as producing documents, information or tangible items in a person’s possession or control.Full Answer >
A motion for discovery is a motion made to the court by the party of a criminal proceeding or civil lawsuit to obtain information or evidence regarding the case, Free Advice explains. Discover is the process of receiving this information, which is a guarantee under the U.S. Constitution.Full Answer >
A guardian ad litem is a court-appointed representative for people deemed incapable of protecting their legal rights in court, according to The Free Dictionary By Farlex. Guardian ad litems are usually attorneys and often represent infants, minors and people who are mentally incompetent. They are often involved in divorce, child custody and child abuse cases.Full Answer >