The Legal Support Bureau is responsible for the review and presentation of all ex-parte, settled orders and special proceeding applications before all Civil Term Supreme Court Justices.
Orders to show cause (OSC) and their accompanying papers should be presented at the front desk in Room 217. The petition, affirmation or affidavit must state the result of any prior application for the same relief. The OSC must be double-spaced. Attorneys should comply with any special language or type size requirements called for by applicable statutes.
If an order to show cause is the first paper filed in a case, the OSC should be accompanied by a Request for Judicial Intervention (R.J.I.), if necessary. The attorney should put his fax number in the upper left hand corner of the OSC. If the OSC requests emergency relief, it should be accompanied by an affirmation of emergency.
Motions returnable in Special Trial Part (STP), motions to punish for contempt, and applications for stays or temporary restraining orders must be made by order to show cause. Motions made on “such notice as the court may direct “ should be made by order to show cause. The court may grant an order to show cause to be served in lieu of a notice of petition.
Once an OSC has been signed, it will be faxed to the number provided by the attorney. OSC’s may also be sent to an e-mail address if one is provided. Unless specifically advised otherwise, an appearance is required for all orders to show cause. Proof of service and any answering or reply papers should be presented to the court at the time the OSC is heard.
Some special requirements are discussed below:
- Orders to Show Cause for Temporary Restraining Orders (TRO) are subject to Uniform Rule 202.7(f). An application for a TRO must show that the applicant has notified his adversary of the time and place of the application or that giving such notice will result in significant prejudice to the applicant. This rule is also applicable to matrimonial actions.
- An Order to Show Cause to punish for contempt must comply with Judiciary Law §756. The Order to Show Cause must contain on its face both a notice and a warning. The notice should state “The purpose of the hearing is to punish the accused for a contempt of court, and that such punishment may consist of fine or imprisonment, or both, according to law.” The warning, printed or typewritten in a size equal to at least eight-point bold type, must state:
WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.
- In matrimonial actions, an Order to Show Cause seeking an Order of protection must contain a Family Protection Registry Information Sheet (FPRIS) as well the addendum to that sheet. Orders to Show Cause seeking child or spousal support must contain a New York State Case Registry Filing Form (NYSCRFF). These forms are available on the Unified Court System´s own web site.
Settled Orders (see Uniform Rules 202.48)
A Judge’s decision will often call for a Settled Order. The purpose of the settled order is to give effect to the decision by directing that some action be done and/or that a court official perform some task. For example, a settled order on a decision dismissing a complaint will order that the complaint be dismissed and that the county clerk mark his records accordingly.
A settled order consists of a notice of settlement informing all parties that the proposed order will be presented to the judge who made the decision on a date certain. Next comes the proposed order which will be presented to the judge. This order should conform to the judges decision and should direct the relief granted in the decision. This should be followed by proof of service upon all parties who were noticed with the decision. It is also helpful if a copy of the judge’s decision is included along with the other papers. A settled order should always be noticed before the judge who made the decision.
Although an order is usually settled by the party who prevailed on the motion, any party may settle the order. It should be presented to the court within sixty days of the decision. The other parties are entitled to ten days notice where service of the settled order is done by mail, five days if the notice is personally delivered. An attorney who is served with a notice of settlement which he believes does not accurately reflect the decision may settle a counter order. The counter order must be noticed for the same day and must be served not less than seven days if by mail and two days if personally delivered.
Settled orders are usually sent to the judge the day after they noticed for settlement. No appearance is necessary or even contemplated on a settled order. If the decision directs "submit order", then no notice is necessary. and the order will be sent to the judge as soon a practical after it is received. No fees are collected on settled orders.
Infant Compromise Orders
An Infant’s compromise Order is an order that settles a cause of action brought on behalf of a minor or a person for whom a legal guardian has been appointed. The order must be accompanied by an affidavit of the parent or guardian and an affirmation of the attorney who is handling the case. If the infant is over fourteen years of age, an infant’s consent should also be included. These papers must contain all the information required by CPLR sections 1207 and 1208. Also required is an affirmation by a doctor who has examined the infant within the last six months. This affirmation will contain information on the infant’s present condition. After review, the order is sent to the signed judge who will call the attorney to arrange a conference. In all but the most compelling circumstances, the presence of the infant at this conference is required. Compromises of cases assigned to Justice Paul Victor in the city part must be accompanied by a Worksheet
Partial Withdrawal of Infant Funds
Parents or Legal Guardians who have been awarded funds on behalf of a child may petition the court for a partial withdrawal of those funds for the sole use of the child. The legal Guardian will need to show that the items are necessary, that they are not capable of providing these items for the child. The decision to grant or deny the petition is at the discretion of the judge.
Q) Is there a form for this application?
A) Yes. A blank “Petition for Partial Withdrawal of Infant’s Funds,” is available in the Office of the Self Represented, room 121. However, you will need to supplement this Petition with additional information and documentation.
Q) Are there any special instructions for use of the form?
A) Fill in the caption, index number and each blank on the form. Make sure that your answers are accurate, complete and legible. Since you need to list all items that you are seeking to buy, you can use a separate sheet of paper if necessary. Add up all amounts for each store. Double check your math for accuracy.
Q) What other documents need to be submitted?
A) A copy of the child’s birth certificate and a copy of the bankbook or bank statement that clearly indicates the account number, the account owner and the current balance. You will also need to submit a receipt, invoice or estimate for everything that you seek to purchase. The receipt must indicate the name and address of the business.
Q) What if I can’t get a receipt, invoice or estimate?
A) You can also submit a sales circular from a store or a computer printout from a website. Keep in mind that documentation is required for all requests.
Q) Can I also submit a short personal statement with my petition?
A) Yes. As long as it is signed and notarized you can submit it.
Q) Are there any special requirements for the child?
A) If the child is age 14 or over, he or she must complete, and sign the affidavit
Q) Is there a fee for filing the petition?
A) Yes. There is a $45 filing fee payable to the Bronx Count Clerk in room 118.
Q) What if I need additional information or help?
A) If you need additional information or help, you should consider speaking with an attorney. You can go back to the attorney that handled the original case or you can speak to any other attorney. The Bronx County Bar association in room 124 can refer you to an attorney.