Nj Order Show Cause Form – Fill Out and Use This PDF

Fill in the Division, Part, County and Docket Number of the Superior Court of New Jersey, and the Plaintiff(s) and Defendant(s) of the Civil Action.

Enter the attorney for plaintiff by whom this matter is brought before the court.

Enter the day of , 20 , in "It is on this day of , 20 , ORDERED that".

Enter the defendant who must 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 .

The defendant may move to dissolve or modify the temporary restraints on two (2) days' notice to the plaintiff's attorney or alternate: plaintiff, entered by you.

Mark one: serve a copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application upon the defendant personally, or within the number of days you enter, with the form of substituted service you describe, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.

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 day you enter. The original documents must be filed with the Clerk of the Superior Court in the county listed on the form. A directory of these offices is available online at njcourts.gov/forms/10153_deptyclerklawref.pdf.

You must send a copy of your opposition papers directly to Judge, whose address is entered, New Jersey. You must also send a copy of your opposition papers to the plaintiff's attorney, or to the plaintiff, if no attorney is named.

A telephone call will not protect your rights; you must file your opposition and pay the required fee and serve your opposition on your adversary, if you want the court to hear your opposition to the injunctive relief the plaintiff is seeking.

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.

The plaintiff must file and serve any written reply to the defendant's order to show cause opposition by the day you enter. The reply papers must be filed with the Clerk of the Superior Court in the county listed on the form and a copy of the reply papers must be sent directly to the chambers of Judge.

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.

These documents must be filed with the Clerk of the Superior Court in the county listed on the form. A directory of these offices is available in the Civil Division Management Office in the county listed on the form and online at njcourts.gov/forms/10153_deptyclerklawref.pdf.

Include the filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff's attorney, or to the plaintiff, if no attorney is named.

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.

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 the number of days you enter before the return date.

This application seeks 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.