Filing an Order to Show Cause in Kings County
An Order to Show Cause ("OSC") is an opportunity to seek relief from the Court on a quicker schedule than a motion. Where judges can take months to decide a motion, an OSC highlights a date and time where your adversaries must appear to show cause why your application should not be granted. However, this article does not focus on the procedure of how to draft an order to show cause, but rather how to go about filing one with the Court. Because an OSC requests Ex Parte relief--an order from a judge directing your adversaries to appear and show cause on a date certain, the procedure for filing an OSC is much different than the procedure for filing a regular motion.
Before it is served upon the other parties in the suit, the OSC must first be reviewed and signed by the judge. The judge will also direct the proper method for service and by when the OSC must be served upon all parties. While motions can be served by mail, OSC's often must be served via personal service or an expedited method such as Federal Express.
While you may typically file motions with the court by putting it "in service" and having a service processor file it with the court, you don't necessarily want to do that with an OSC. You can have a process service submit an OSC to the court, but if there are any amendments that need to be made, they will have to bring it back to you to make it, thus taking away precious time. Therefore, it is wise that when filing an OSC, you, the attorney who drafted the OSC, bring it to court yourself so that if there are any changes that need to be made to the order, y ouc an write them in yourself while there in court.
If plan to file an OSC in the the Supreme Court of the State of New York, Kings County, here are directions for the procedure for filing it so that you know what to do.
Things you need:
- An original copy of your OSC with exhibits and a legalback
- A photocopy of the first page of your OSC
- $45 Payment (cash, Visa or Mastercard credit cards, attorney's check made payable to the Kings County Clerk, or in the form of a U.S. postal money order made payable to the Kings County Clerk)
- The Supreme Court of the State of New York, Kings County is located at 360 Adams Street, Brooklyn, New York.
- After you have arrived at Kings County Court, go to the County Clerk's Office located in Room 189. The County Clerk's office is located in the ground floor/basement. If you enter from the Cadman Plaza entrance you must go down one flight of stairs. If you enter through the Joralemon Street entrance, the clerk's office will be located right in front of you once you go through security.
- Go to Window #5 to have your OSC reviewed. Window #5 will say RJI's but a small piece of paper under the sign also says "Motions and OSCs"
- Your OSC will be reviewed at Window #5. You will give them your original OSC, a copy of the front page, and your form of payment. You will then be referred to Window #4.
- Go to Window #4 (the Cashier). When you are called you will receive a receipt for the payment of your OSC and your original Orer to Show Cause.
- Go to the Ex Parte Clerk on the 10th Floor.
- The Ex Parte Clerk's Office is located on the West side of the 10th floor and shares space with the Matrimonial Clerk. When you enter the office, the Ex Parte Clerk is on the right.
- Submit your OSC to the Ex Parte Clerk, who will review the OSC. If everything is "ok," you will either be asked to take the OSC to the judge yourself to be reviewed and signed; (In this instance the clerk will keep a copy of your ID as "collateral" for the OSC.) or you will be instructed to check online at "E-Courts" for the signed decision. In that instance, decisions are typically signed within 3 to 5 days.