Define: Order To Show Cause

An Order to Show Cause is a legal document issued by a court that requires a party to appear before the court and provide a satisfactory explanation, or “cause,” for a particular action or failure to act. This order is typically issued in response to a motion filed by one party requesting judicial intervention or relief in a pending legal matter. The Order to Show Cause sets forth the specific issues or allegations to be addressed, the date and time for the party to appear before the court, and any other requirements or conditions imposed by the court. Failure to comply with an Order to Show Cause may result in sanctions, penalties, or adverse legal consequences for the non-compliant party. These orders are commonly used in various legal proceedings, such as civil litigation, family law matters, probate cases, and other types of disputes where court intervention is necessary to resolve issues or enforce court orders.

An order from a judge that directs a party to come to court and convince the judge why she shouldn’t grant an action proposed by the other side or by the judge on her own (sua sponte).

For example, in a divorce, at the request of one parent, a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage – she, after all, is the one who is told to come up with a convincing reason why the judge shouldn’t order something – both sides normally have an equal chance to convince the judge to rule in their favour.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.