What is a Rule to Show Cause?
This guide will clearly define a Rule to Show Cause and explain it's most common uses.
Legal Definition:A Rule to Show Cause is a court order that alerts the other party when a hearing is scheduled. In addition, it spells out the relief that you are seeking and the other party's right to argue why the court should deny that relief. The Rule to Show Cause may also provide short-term relief until the hearing is held and the court has the opportunity to rule on the matter.
Its Most Common UseThe Rule to Show Cause is most commonly used to enforce a court order. When the opposing party disobeys an order, you ask the court to issue a Rule to Show Cause. In the request, you explain how the opposing party violated the court's order and attach a copy of that order. If the court agrees that its order was violated, it can find the violating party in contempt of court. It can then force sanctions, which include fines, attorney's fees or jail time.
Requests From the CourtYou can also use the Rule to Show Cause to request that the court take action while a civil matter is pending. For example, the law might allow you to ask the court to permit discovery, to dismiss part or all of a civil matter, or to freeze assets. An Illinois lawyer can help you to determine whether filing a Rule to Show Cause is your best course of action.
How to File a Rule to Show CauseThe rules vary depending on the state and county where the civil matter is pending, so make sure you check the local procedures. After the judge signs the order, then you must file it with the court and have a copy served on the opposing party.