Tuesday, April 10, 2012

Serving an “Order to Show Cause” in California

Photo By David Castillo Dominici
An Order to Show Cause (OSC) is a notice of motion and a citation to the party, to appear at a stated time and place, to show cause why the motion should not be granted. A court issues this type of order upon the application of a party requesting specific relief and providing the court with an affidavit or declaration (a sworn or affirmed statement alleging certain facts). 1
Typically it is used in circumstances where time is a factor.  For example it may be used to force a party to pay child support, prevent a party from a certain activity such as harassment or used in cases of contempt of probation violations. 
In California, serving an “Order to Show Cause” must be personally served on the opposing party by someone over the age of 18 who is not a party to the case.  The server has to identify the party being served, inform the party the general nature of the legal documents and either hand the documents to the party or If the party being served refuses the documents leave the documents in a conspicuous place. 
No signature of the party is required for the service of process to be complete. 

1. http://legal-dictionary.thefreedictionary.com

1 comment:

  1. Could this be used to demand that those concealing genetic parent information provide that information to the adult seeking their genetic heritage?