What is an order to show cause?

An order to show cause is a court order issued to an individual or entity to provide an explanation for either why a certain action should or should not be taken. This order, which is issued by a judge, is used by litigants in civil cases to compel the defendant to show why the court should not take the requested action. For example, when an individual files a motion to modify a judgment, an order to show cause can be issued to the defendant to explain why the request should not be granted. In Massachusetts, an order to show cause must be served to the other party by a process server or sheriff, or it may be done through mail or fax. The responding party is required to present their argument as to why the court should not take the requested action and is given a certain amount of time to do so. The court will then decide if the requested action should be taken.

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