Nj Order Show Cause Form PDF Details

In New Jersey, individuals or entities initiating certain legal actions can utilize the Order to Show Cause form, a crucial document in the legal process. This form is an instrumental tool used to request temporary restraints or preliminary injunctive relief alongside filing a new complaint. Specifically designed for cases where immediate action is deemed necessary to prevent irreparable harm, the process outlined by this form aligns with Rule 4:52 of the Superior Court. It sets the stage for a prompt judicial review by detailing the specific temporary restraints the plaintiff seeks against the defendant. Upon filing, the defendant receives notification to appear in court and respond to the injunction request, setting forth a concise, regulated pathway towards resolving urgent legal matters. Essential components include the necessity for detailed specifics of the relief sought, instructions for serving the documents on the defendant, and timelines for filing responses. This ensures all parties are adequately informed and given the opportunity to participate in the judicial process. Additionally, the form includes provisions for opposition and modification of the temporary restraints, emphasizing the court's commitment to fairness and due process. For individuals navigating the complexities of urgent legal disputes, understanding the functionalities and requirements of the New Jersey Order to Show Cause form becomes indispensable.

QuestionAnswer
Form NameNj Order Show Cause Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesnj form order show cause, nj order show cause, nj show cause form, form of order to show cause new jersey

Form Preview Example

(set forth with specificity the temporary restraints that the plaintiff is seeking)

OSC as Original Process –

Submitted with New Complaint

Preliminary Injunctive Relief and

Temporary Restraining Order

PURSUANT TO RULE 4:52

 

 

Superior Court of New Jersey

 

 

 

 

Division

 

Part

 

 

 

 

 

County

 

 

,

Docket Number

 

 

Plaintiff(s)

 

Civil Action

 

v.

 

 

 

 

 

 

 

 

 

,

Order to Show Cause

Defendant(s)

With Temporary Restraints

 

 

 

Pursuant to RULE 4:42

This matter being brought before to the court by

 

 

, attorney for plaintiff,

,seeking relief by way of temporary restraints pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that the defendant has notice of this application, OR defendant consent’s to plaintiff’s application, OR immediate and irreparable damage will probably result before notice can be given and a hearing held, and for good cause shown.

It is on this

 

 

day of

, 20 , ORDERED THAT

 

 

 

 

 

 

 

 

defendant,

 

 

 

 

 

 

 

, appear and show cause before the Superior Court at the

 

 

 

 

 

County Courthouse in

 

 

 

 

 

 

 

, New Jersey at

 

 

 

o’clock in the

 

noon or as soon thereafter as counsel can be heard, on the

 

day of

 

 

, 20

 

why an

order should not be issued preliminarily enjoining and restraining defendant,

 

 

 

 

 

,from: (set forth with specificity the return date relief that the plaintiff is seeking)

A.

B.

C.

D. Granting such other relief as the court deems equitable and just.

And it is FURTHER ORDERED THAT pending the return date herein, the defendant is [temporarily] enjoined and restrained from:

A.

B.

C.

Revised 09/01/2019, CN 10308

page 1 of 3

And it is FURTHER ORDERED THAT:

1. The defendant may move to dissolve or modify the temporary restraints herein contained on two (2)

days’ notice to the

 

.

2.A copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application be served upon the defendant personally, or

within

 

days of the date hereof, in accordance with R. 4:4-3 and

R. 4:4-4, this being original process.

3.The plaintiff must file with the court his/her/its proof of service of the pleadings on the defendant no later than three (3) days before the return date.

4.Defendant shall file and serve a written response to this order to show cause and the request for entry of

injunctive relief and proof of service by . The original documents must be filed with the Clerk of

the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online at njcourts.gov/forms/10153_deptyclerklawref.pdf.

You must send a copy of your opposition papers directly to Judge

 

 

, whose

address is

 

, New Jersey.

You must also send a copy of your

opposition papers to the plaintiff’s attorney whose name and address appears above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay

the required fee of $

 

and serve your opposition on your adversary, if you want the court to hear your

opposition to the injunctive relief the plaintiff is seeking.

 

 

5. The plaintiff must file and serve any written reply to the defendant’s order to show cause opposition

 

by

 

. The reply papers must be filed with the Clerk of the Superior Court in the county listed above

and a copy of the reply papers must be sent directly to the chambers of Judge

 

.

6.If the defendant does not file and serve opposition to this order to show cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date.

7.If the plaintiff has not already done so, a proposed form of order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the court no later than three (3) days before the return date.

8.Defendant take notice that the plaintiff has filed a lawsuit against you in the Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written answer to the complaint and proof of service within 35 days from the date of service of this order to show cause; not counting the day you received it.

Revised 09/01/2019, CN 10308

page 2 of 3

These documents must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and

online at njcourts.gov/forms/10153_deptyclerklawref.pdf. Include a $ filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered against you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the Court may enter a default against you for the relief plaintiff demands.

9.If you cannot afford an attorney, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at njcourts.gov/forms/10153_deptyclerklawref.pdf.

10.The court will entertain argument, but not testimony, on the return date of the order to show cause,

unless the court and parties are advised to the contrary no later than

 

days before the return date.

J.S.C.

Revised 09/01/2019, CN 10308

page 3 of 3

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Step 2: Once you open the PDF editor, you will notice the document ready to be filled out. Besides filling in different blank fields, it's also possible to perform various other things with the file, such as adding custom textual content, modifying the initial textual content, adding graphics, placing your signature to the form, and more.

It's straightforward to finish the document with our helpful guide! This is what you have to do:

1. Before anything else, while filling in the new jersey form cause, start in the part with the subsequent blank fields:

Filling in segment 1 in nj appendix form

2. After this array of blank fields is completed, go to type in the relevant information in all these: It is on this day of ORDERED, defendant appear and show cause, County Courthouse in New Jersey, noon or as soon thereafter as, order should not be issued, from set forth with specificity, D Granting such other relief as, And it is further ORDERED that, and restrained from set forth with.

Step no. 2 for submitting nj appendix form

3. In this step, take a look at Revised CN, and page of. These will need to be filled in with utmost precision.

Step # 3 of submitting nj appendix form

4. The subsequent paragraph will require your information in the subsequent areas: The defendant may move to, days notice to the, A copy of this order to show, or certifications submitted in, personally or, within days of the date hereof in, R this being original process, The plaintiff must file with the, later than three days before the, Defendant shall file and serve a, injunctive relief and proof of, the Superior Court in the county, Management Office in the county, and You must send a copy of your. Just be sure you provide all required info to move further.

Stage # 4 in filling out nj appendix form

It's very easy to make errors while filling in the personally or, hence ensure that you go through it again before you'll finalize the form.

5. Finally, the following final segment is what you need to finish before closing the form. The fields you're looking at are the next: attorney is named above A, the required fee of and serve, opposition to the injunctive, The plaintiff must file and serve, by The reply papers must be filed, and a copy of the reply papers, If the defendant does not file, decided on the papers on the, proof of service and a proposed, If the plaintiff has not already, return date along with a, the court no later than three, and Defendant take notice that the.

Part # 5 for submitting nj appendix form

Step 3: Before moving forward, ensure that all blanks have been filled in as intended. When you believe it's all fine, click on “Done." Download the new jersey form cause the instant you sign up for a free trial. Readily view the form in your personal account, together with any edits and changes being automatically kept! FormsPal is dedicated to the confidentiality of our users; we make sure that all personal information handled by our system remains protected.