Legal Definitions - O.S.C.

O.S.C. stands for Order to Show Cause.

An Order to Show Cause is a legal directive issued by a court that requires a specific individual or party to appear before the court on a particular date and time to explain or "show cause" why a certain action should not be taken, or why a specific request made by another party should not be granted. Essentially, it puts the burden on the recipient to justify their position or actions to the judge.

Here are some examples illustrating how an Order to Show Cause might be used:

• Example 1: Child Support Enforcement

  Imagine a situation where a parent is consistently failing to make their court-ordered child support payments. The other parent, who is owed the support, can file a motion asking the court to enforce the existing order. The court might then issue an Order to Show Cause to the non-paying parent, requiring them to appear before the judge and explain why they have not been making the payments. This order would compel them to justify their non-compliance, and if their explanation is not satisfactory, the court could impose penalties such as wage garnishment, fines, or even jail time for contempt of court.

• Example 2: Landlord-Tenant Dispute

  Consider a tenant who has been served with an eviction notice for violating a significant term of their lease, such as keeping pets in a "no-pet" building. If the tenant believes the eviction is unjust or that they have rectified the violation, they might request the court to halt the eviction. The court could then issue an Order to Show Cause to the landlord, requiring the landlord to appear and explain why the eviction should proceed. This places the onus on the landlord to demonstrate to the court that the tenant's lease violation warrants eviction, giving the tenant an opportunity to present their defense.

• Example 3: Non-Compliance with a Court Order in a Civil Case

  In a complex business lawsuit, one company might be ordered by the court to produce specific financial documents to the opposing party as part of the discovery process. If that company repeatedly fails to provide the documents without a valid reason, the opposing party can ask the court for intervention. The court might then issue an Order to Show Cause to the non-compliant company, demanding that their legal representatives appear and explain why they have not fulfilled the discovery order. If the explanation is insufficient, the court could impose sanctions, such as monetary fines or even ruling certain facts against the non-compliant party.