Order To Show Cause Packet

HOW TO FILE A PROBATE ORDER TO SHOW CAUSE IN THE CHANCERY DIVISION – PROBATE PART OCEAN COUNTY (PACKET). An “Order to Show Cause” (OTSC) requires the party(s) against whom it is entered to show cause on a specific date (return date) why a particular action of the court should not occur. Examples include restraints on someone from engaging in a particular activity (such as eviction from or possession of property), or why a Final Judgment should not be entered. An Order to Show Cause may come in several different forms. Generally, they are filed when there is an emergency which requires immediate action by the court. Attached to this packet is a “Form Order to Show Cause.” You are required to complete the name, address and telephone portion of the Order to Show Cause, the names of the parties involved, and Paragraphs A through C of the preamble of the Order to Show Cause. The court will complete the remaining portion of the Order to Show Cause. The filing fee for an Order to Show Cause is $175.00, made payable to Surrogate of Ocean County. An Order to Show Cause must be supported by a “Certification” (Statement of Facts), and any supporting documentation. A sample Certification is attached to this packet. You must also file Complaint which sets forth your legal cause of action, and prayer for relief, and include all certifications required by the Rule of Court. You must also file a proposed form of order setting forth your requested relief. Generally, after an Order to Show Cause is filed with the Clerk, the Judge will conduct a hearing, either by phone or in person, to determine whether or to the Judge feels that an Order to Show Cause is warranted. It is not unusual for the Judge to deny an applicant’s request for an Order to Show Cause. If the Judge feels an Order to Show Cause is warranted, she will schedule a date when you and the other party(s) are to appear in court. Once the Judge signs the Order to Show Cause, you will receive a signed copy. The Order to Show Cause will indicate the date and time upon which you and the other party(s) are to appear in court. IT IS YOUR RESPONSIBILITY TO SERVE THE ORDER TO SHOW CAUSE SIGNED BY THE JUDGE AND ANY OTHER DOCUMENTS SUCH AS A VERIFIED COMPLAINT, ETC. ON ALL PARTIES BY REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED. www.FormsWorkflow.com