Instructions Responding To An Order To Show Cause
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File Name: Response-to-OSC-packet-2017.pdf
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Summary
Instructions: Responding to an Order to Show Cause This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official court form. It can be used in civil lawsuits in the Northern District Court of California. This template provides guidance only. Using this template does not guarantee any result
HOW TO GET LEGAL INFORMATION AND ADVICEThis packet provides general guidance about responding to an Order to Show Cause from the Court
You can make an appointment for free legal information and advice at one of the Legal Help Centerslisted below
If your case was assigned to a judge in the San Francisco, Oakland or Eureka federal courthouse, do one of the following: Call the appointment scheduling line for the Federal Pro Bono Project: 415-782-8982 Sign up in the appointment book at either: 450 Golden Gate Ave., 15th Floor, Room 2796, San Francisco or 1301 Clay Street, 4th Floor, Room 470S, Oakland Email us at [email protected] This email is to schedule appointments - no legal advice is given over email
If your case was assigned to a judge in the San Jose federal courthouse, do one of the following: Call the appointment scheduling line for the Federal Pro Se Program: 408-297-1480 Monday to Thursday 9:00 am - 12:00 pm, drop in at The Law Foundation of Silicon Valley, 152 North 3rd St., 3rd Floor, San Jose Monday to Thursday 1:00 pm - 4:00 pm, drop in at 280 South 1st Street, 2nd Floor, Room 2070, San Jose WHAT IS AN ORDER TO SHOW CAUSE?The Court may send out an Order to Show Cause to tell you that you did not follow the Court’s rules,directions or deadlines and to instruct you to file one or more documents by a certain date. Your Responsemust show a good reason (“cause”) for not following the Court’s rules, directions or deadlines. You mustalso do anything else the Order tells you to do
HOW TO COMPLETE THIS TEMPLATE Know your deadline. The Court’s Order to Show Cause will have set a deadline for you to file a Response and/or other document. It is very important to follow the deadline – missing the deadline could cause you to loose your case. Use this template if the Court asks you to respond
Fill in the case information. Fill in all of the blanks on the first page
06/22/2017 Intructions: Responding to Order to Show Cause 1 of 2 Respond to the Court’s Order. The Court’s Order to Show Cause will tell you what information the Court needs. Each Order to Show Cause is different
Finalize the Response. Read the Response to make sure it is complete and correct. Sign and date
Prepare the Certificate of Service. Each document that you file must be “served” on each other party, usually by sending it in the mail. Follow the instructions on the Certificate of Service
FILING AND SERVING YOUR RESPONSE 1. Make copies. Once the documents are complete, make three copies of each. On one copy of the documents, write “Chambers” on the top in pen. (If there is more than one plaintiff or defendant, you will also need one copy for each of them.) 2. File the Response. Deliver or mail the original plus two copies of the Response and Certificate of Service to the Clerk’s Office at the federal courthouse where the Judge for your case is located
The Clerk will take the original and the copy marked “Chambers.” The other copy is for you to keep after it is stamped by the Clerk. If you file by mail, include a self-addressed, stamped envelope so that the Clerk can send copies back to you
3. Serve the Response. Be sure that the Response and Certificate are served on each party
STAY UP TO DATE 1. Update your contact information. File a notice with the Clerk right away if your address, email, or phone number changes, or you may miss important deadlines, causing you to lose your case
2. Check your mail. Be sure to check regularly for documents from the Court and opposing side
3. A list of all of the documents that have been filed, and (usually) the documents themselves can be viewed online. See Chapter 7 of the Handbook for Pro Se Litigants (see below), and contact the Legal Help Center for information about how to access the documents (see page 1)
UNDERSTANDING THE LAWS AND RULESThe Legal Help Centers (see page 1) are the best resource for people without lawyers. There are otherresources for understanding the laws and rules of the Court: 1. Handbook for Pro Se Litigants. The Handbook is a procedural guide for people who are representing themselves. It was prepared by the Court and is available at the Clerk’s Office or on the Court’s website at www.cand.uscourts.gov/prosehandbk
2. Legal Research Guide for Pro Se Litigants. The Guide provides information for people who are representing themselves about how to do legal research, like finding statutes and decisions in other cases. It was prepared by the Justice & Diversity Center and is available at the Legal Help Centers and at http://www.cand.uscourts.gov/Legal-Help-Center-Templates
3. Federal Rules of Civil Procedure. These Rules explain the procedures from filing through trial for all civil cases in the federal courts across the country, and are available at http://www.uscourts.gov/sites/default/files/rules-of-civil-procedure.pdf
4. Local Rules. The Local Rules apply in this District only, and are available at http://www.cand.uscourts.gov/localrules/civil
06/22/2017 Intructions: Responding to Order to Show Cause 2 of 2 1 Your name: 2 Address: 3 4 Phone Number: 5 E-mail Address: 6 Pro se 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA10 Division [check one]: San Francisco Oakland San Jose Eureka11 )12 ) Case Number: ____ )13 )14 ) Plaintiff, ) RESPONSE TO ORDER TO SHOW CAUSE15 ) vs. )16 ) )17 ) )18 ) )19 ) Hon. ___________________________________ )20 Defendant. )21 [Show good cause for missing the deadline, or not following the Court’s orders or rules, by explaining each of the reasons why you did not comply. Include any other information the Court22 asked you to provide. Use more pages as needed.]23 _________________________________________________________________________________24 _________________________________________________________________________________25 _________________________________________________________________________________26 _________________________________________________________________________________27 _________________________________________________________________________________28 _________________________________________________________________________________ RESPONSE TO ORDER TO SHOW CAUSE CASE NO.: ___________________________________; PAGE ___ OF ___ [JDC TEMPLATE – rev. 2017] 1 _________________________________________________________________________________ 2 _________________________________________________________________________________ 3 _________________________________________________________________________________ 4 _________________________________________________________________________________ 5 _________________________________________________________________________________ 6 _________________________________________________________________________________ 7 _________________________________________________________________________________ 8 _________________________________________________________________________________ 9 _________________________________________________________________________________10 _________________________________________________________________________________11 _________________________________________________________________________________12 _________________________________________________________________________________13 _________________________________________________________________________________14 _________________________________________________________________________________15 _________________________________________________________________________________16 _________________________________________________________________________________17 _________________________________________________________________________________18 _________________________________________________________________________________19 _________________________________________________________________________________20 _________________________________________________________________________________21 _________________________________________________________________________________22 _________________________________________________________________________________23 _________________________________________________________________________________24 [You must sign and date.] Respectfully Submitted,2526 Date: Sign Name:27 Print Name:28 RESPONSE TO ORDER TO SHOW CAUSE CASE NO.: ___________________________________; PAGE ___ OF ___ [JDC TEMPLATE – rev. 2017] 1 CERTIFICATE OF SERVICE You must serve each document you file by sending or delivering to the opposing side. Complete 2 this form, and include it with the Motion to Change Date of CMC that you file and serve
3 1. Case name: _____________________________ v. ________________________________ 4 2. Case number: _____________________________________________________________ 5 3. Documents served: Response to Order to Show Cause 6 4. How was the Motion served? [check one] 7 Placed in U.S. Mail 8 Hand-delivered 9 Sent for delivery (e.g., FedEx, UPS)10 Sent by fax (if the other party has agreed to accept service by fax)11 5. On whom was the Motion served? [For each person who was sent the document, write their full name and contact information used.]1213 _____________________________________ _____________________________________14 _____________________________________ _____________________________________15 _____________________________________ _____________________________________16 _____________________________________ _____________________________________17 6. When was the Motion served? ______________________________________________18 7. Who served the Motion? [Whoever puts it into the mail, faxes, delivers or sends for delivery should sign, and print their name and address. You can do this yourself.]19 I declare under penalty of perjury under the laws of the United States that the foregoing20 is true and correct
21 Signature: _____________________________________________________22 Name: _____________________________________________________23 Address: _____________________________________24 _____________________________________25262728 CERTIFICATE OF SERVICE [JDC TEMPLATE Rev. 05/2017]
The Legal Help Centers (see page 1) are the best resource for people without lawyers. There are other resources for understanding the laws and rules of the Court: 1. Handbook for Pro Se Litigants. The Handbook is a procedural guide for people who are representing themselves. It was prepared by the Court and is available at the Clerk’s Office
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Frequently Asked Questions
How do i respond to show cause order?
- Keep it brief, to the point, and concise. ...
- Recognize your error. ...
- Make no apologies. ...
- Do not use phrases like “If I make this mistake again, the Company may fire me.” Saying things like that gives the impression that you have little faith in yourself ...
Do i need to respond to an order to show cause?
The opposing party must prepare a response, or "answer," to the Order to Show Cause, stating why he objects to the issuance of the court order requested in the OSC. This response must be filed with the court clerk, and a copy served on the filing party.
How to respond to a rule to show cause?
Take these things with you to court:
- A copy of the judgment or order that the other party claims you violated
- The Petition for Rule to Show Cause and Notice of Motion that you received from the other party
- Your response to the Petition for Rule to Show Cause that you filed
Do i need an order to show cause?
The Order to Show Cause is an alternative to the notice of motion and is different from it, as the Order to Show Cause can shorten the time within which the parties must return to court. It is often used in emergency situations where a stay of the proceedings is required, or if an immediate result is sought.