What is an order to show cause?

An order to show cause is an order issued by a court that requires an individual to appear before the court and explain why an act should or should not be done. Specifically, it orders the individual to present evidence and arguments to the court that either supports or denies a claim. In Delaware, an order to show cause is typically issued when a court needs to hear a defendant’s argument or evidence in response to a petition or motion that has been filed against them. For example, if someone files a motion in court to have a restraining order placed against a defendant, then the judge may issue an order to show cause to the defendant, giving them the opportunity to prove why the restraining order should not be granted. The order requires the defendant to appear in court on a specific date and present their arguments and evidence, after which the court will make a decision on the motion. In essence, an order to show cause is an order issued by the court that gives the defendant the opportunity to make a case that the requested action should not be taken.

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What is an order to show cause?

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