Order to Show Cause

Czech translation: předvolání/příkaz k podání vysvětlení

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Order to Show Cause
Czech translation:předvolání/příkaz k podání vysvětlení
Entered by: Radovan Pletka

19:35 Jan 23, 2019
English to Czech translations [PRO]
Law/Patents - Law: Contract(s) / custody enforcement
English term or phrase: Order to Show Cause
Here is the partial context:
Petitioner X, herein having filed a petition on May 8, 2018, pursuant to Article 6 of the Family Court Act, requesting enforcement of the parties’ Judgment of Divorce, dated September 13, 2014, and having filed a petition on July 20, 2018, seeking modification of said order of custody of Y (DOB MM/DD/YYY), and having filed a motion by Order to Show Cause on September 20, 2018, seeking interim relief; and the Respondent having been served with the enforcement petition, and L, Esq., counsel for Respondent, having accepted service of the custody modification petition and motion by Order to Show Cause; and said petitions and motion having duly come to be heard before this court on October 16 2018; Petitioner X having appeared personally and by his attorney, L1., of Legal Services of the Hudson Valley, and Respondent X1 having appeared electronically and by her attorney, L, Esq., and L2, Esq., and L3, Esq., of the Children’s Right’s Society, Inc., having appeared on behalf of the minor child Y (DOB MM/DD/YYY); and the parties having agreed Petitioner will withdraw his enforcement petition, and

This seems to be a good definition of what Order to Show Cause is: written mandate that a party appear in court on a certain date and give reasons, legal and/or factual, (show cause) why a particular order should not be made. This rather stringent method of making a party appear with proof and legal arguments is applied to cases of possible contempt for failure to pay child support, sanctions for failure to file necessary documents or appear previously, or to persuade the judge he/she should not grant a writ of mandate against a governmental agency.

Also this: Difference Between an Order to Show Cause and a Motion
A party filing an OSC is presenting to the judge a request for some type of immediate relief, providing reasons why the court should grant the order. For example, Andrew’s attorney sent discovery requests to his ex-wife’s attorney in the form of interrogatories and a demand for production of documents. Andrew’s ex-wife has failed to provide her responses before the time limit specified in the local rules of civil procedure. Despite additional requests by Andrew’s attorney, the responses are not provided. Andrew’s attorney files an Order to Show Cause asking the judge to order the ex-wife to respond to the discovery requests or face penalties.

Andrew’s ex-wife has two choices: (1) immediately provide responses to all discovery requests, or (2) appear in court to give good cause for not complying. An OSC brings quicker relief, as it shortens the time required for providing notice to the other parties in the case.
Radovan Pletka
United States
Local time: 03:37
předvolání/příkaz k podání vysvětlení
Explanation:
*

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Note added at 14 h (2019-01-24 10:28:59 GMT)
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také výzva ...

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Note added at 14 h (2019-01-24 10:29:30 GMT)
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také: výzva k podání vysvětlení
Selected response from:

Ivan Šimerka
Czech Republic
Local time: 11:37
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4předvolání/příkaz k podání vysvětlení
Ivan Šimerka


  

Answers


14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
order to show cause
předvolání/příkaz k podání vysvětlení


Explanation:
*

--------------------------------------------------
Note added at 14 h (2019-01-24 10:28:59 GMT)
--------------------------------------------------

také výzva ...

--------------------------------------------------
Note added at 14 h (2019-01-24 10:29:30 GMT)
--------------------------------------------------

také: výzva k podání vysvětlení

Ivan Šimerka
Czech Republic
Local time: 11:37
Works in field
Native speaker of: Native in CzechCzech
PRO pts in category: 27
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