Legal Question in Family Law in New York

Order to show cause

Can an Order to Show Cause be used to vacate an preclusion order, if you have retrieved new edvidence that the petitioner has made false sworn statements and the items asked that caused the preclusion had a 90% possibility to be in the control and possesion of the petitioner?


Asked on 4/25/02, 3:44 pm

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Order to show cause

The answer to your question is YES, but if you try to draft it yourself, you will most likely turn the Judge off by your "inartfulness."

Translation: if you are not a contractor, do not be surprised if the house you build for yourself falls down on your head.

You have posted here before (about the lawyer who "skipped town", etc.). I told you then that you need a new lawyer and that there were ways you could get your retainer back.

This will be my last reply to you on LawGuru. If you wish to discuss your case with me privately, please call to schedule a confidential consultation. (516) 741-7799.

For more information, please see my web site:

www.BravermanLawFirm.com

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Answered on 4/26/02, 7:15 am
John Hayes The Law Office of John M. Hayes

Re: Order to show cause

An Order to Show Cause is, in essence, like Express Mail or like admittance to an express lane.

As a general proposition, anything that can/may be brought to the attention of a court by way of a motion or an application for relief / intervention may be brought to the court's attention by use of an Order to Show Cause.

A motion may, typically, be "returnable" {scheduled to be heard} in 20 days ... an order to show cause is usually scheduled to be heard in a much shorter time.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 4/25/02, 4:18 pm


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