A Judge won't sign an "Order to Show Cause", and won't give approval to proceed by "Notice of Motion" what recourse do I have?

Asked about 1 year ago - New York, NY

Part Rules for the part I'm dealing with state:
"All motions are required to be brought by Order to Show Cause, unless authorization to proceed by Notice of Motion is obtained from
the court prior to filing."

Thing is this Judge has denied three Orders to Show Cause, and chances are he will not grant "authorization to proceed by Notice of Motion".

What recourse do I have?

Attorney answers (4)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . Before you proceed, you need something better than "chances are he will not grant..." If you can't get approval for your Notice of Motion and he won't sign the OTSC, your only option is to bring it to an Appellate Division Justice, which is not something I'd contemplate pro se.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Daniel H. Richland

    Contributor Level 13

    2

    Lawyers agree

    Answered . Speak to an attorney with the specific facts and circumstances of your matter.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Speak with a local lawyer who regularly appears before the judge your are in front of. Time to retain an attorney to help you draft the necessary OTSC.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Eric Edward Rothstein

    Contributor Level 20

    Answered . You cannot appeal from the refusal to sign an Order to Show Cause. However, a Judge cannot prevent you from filing a motion. I would see if the Clerk will accept it. Is this something you can work out in a conference.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more

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