Fillable Instructions: Responding to an Order to Show Cause (US Courts)

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Instructions: Responding to an Order to Show Cause (US Courts)

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06/22/2017
Intructions: Responding to Order to Show Cause
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Instructions: Responding to an Order to Show Cause
This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an
official court form. It can be used in civil lawsuits in the Northern District Court of California. This
template provides guidance only. Using this template does not guarantee any result.
This packet provides general guidance about responding to an Order to Show Cause from the Court.
You can make an appointment for free legal information and advice at one of the Legal Help Centers
listed below.
If your case was assigned to a judge in the San Francisco, Oakland or Eureka federal
courthouse, do one of the following:
Call the appointment scheduling line for the Federal Pro Bono Project: 415-782-8982
Sign up in the appointment book at either:
450 Golden Gate Ave., 15th
Floor, Room 2796, San Francisco or
1301 Clay Street, 4th Floor, Room 470S, Oakland
Email us at federalprobonoproject@sfbar.org
This email is to schedule appointments - no legal advice is given over email.
If your case was assigned to a judge in the San Jose federal courthouse, do one of the following:
Call the appointment scheduling line for the Federal Pro Se Program: 408-297-1480
Monday to Thursday 9:00 am - 12:00 pm, drop in at
The Law Foundation of Silicon Valley, 152 North 3rd St., 3rd Floor, San Jose
Monday to Thursday 1:00 pm - 4:00 pm, drop in at
280 South 1st Street, 2nd Floor, Room 2070, San Jose
The Court may send out an Order to Show Cause to tell you that you did not follow the Court’s rules,
directions or deadlines and to instruct you to file one or more documents by a certain date. Your Response
must show a good reason (“cause”) for not following the Court’s rules, directions or deadlines. You must
also do anything else the Order tells you to do.
HOW TO COMPLETE THIS TEMPLATE
Know your deadline. The Court’s Order to Show Cause will have set a deadline for you to
file a Response and/or other document. It is very important to follow the deadline – missing the
deadline could cause you to loose your case. Use this template if the Court asks you to respond.
Fill in the case information. Fill in all of the blanks on the first page.
HOW TO GET LEGAL INFORMATION AND ADVICE
WHAT IS AN ORDER TO SHOW CAUSE?
06/22/2017
Intructions: Responding to Order to Show Cause
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Respond to the Court’s Order. The Court’s Order to Show Cause will tell you what information
the Court needs. Each Order to Show Cause is different.
Finalize the Response. Read the Response to make sure it is complete and correct. Sign and date.
Prepare the Certificate of Service. Each document that you file must be “served” on each other
party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.
FILING AND SERVING YOUR RESPONSE
1. Make copies. Once the documents are complete, make three copies of each. On one copy of the
documents, write “Chambers” on the top in pen. (If there is more than one plaintiff or defendant,
you will also need one copy for each of them.)
2. File the Response. Deliver or mail the original plus two copies of the Response and Certificate of
Service to the Clerk’s Office at the federal courthouse where the Judge for your case is located.
The Clerk will take the original and the copy marked “Chambers.” The other copy is for you to
keep after it is stamped by the Clerk. If you file by mail, include a self-addressed, stamped
envelope so that the Clerk can send copies back to you.
3. Serve the Response. Be sure that the Response and Certificate are served on each party.
STAY UP TO DATE
1. Update your contact information. File a notice with the Clerk right away if your address, email,
or phone number changes, or you may miss important deadlines, causing you to lose your case.
2. Check your mail. Be sure to check regularly for documents from the Court and opposing side.
3. A list of all of the documents that have been filed, and (usually) the documents themselves can be
viewed online. See Chapter 7 of the Handbook for Pro Se Litigants (see below), and contact the
Legal Help Center for information about how to access the documents (see page 1).
UNDERSTANDING THE LAWS AND RULES
The Legal Help Centers (see page 1) are the best resource for people without lawyers. There are other
resources for understanding the laws and rules of the Court:
1. Handbook for Pro Se Litigants. The Handbook is a procedural guide for people who are
representing themselves. It was prepared by the Court and is available at the Clerk’s Office or on
the Court’s website at www.cand.uscourts.gov/prosehandbk.
2. Legal Research Guide for Pro Se Litigants. The Guide provides information for people who are
representing themselves about how to do legal research, like finding statutes and decisions in
other cases. It was prepared by the Justice & Diversity Center and is available at the Legal Help
Centers and at http://www.cand.uscourts.gov/Legal-Help-Center-Templates.
3. Federal Rules of Civil Procedure. These Rules explain the procedures from filing through trial
for all civil cases in the federal courts across the country, and are available at
http://www.uscourts.gov/sites/default/files/rules-of-civil-procedure.pdf.
4. Local Rules. The Local Rules apply in this District only, and are available at
http://www.cand.uscourts.gov/localrules/civil.
RESPONSE TO ORDER TO SHOW CAUSE
CASE NO.: ___________________________________; PAGE ___ OF ___ [JDC TEMPLATE – rev. 2017]
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Your name:
Address:
Phone Number:
E-mail Address:
Pro se
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Division [check one]: San Francisco Oakland San Jose Eureka
Plaintiff,
vs.
Defendant.
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Case Number:
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RESPONSE TO ORDER TO SHOW CAUSE
Hon. ____________________________
_______
[Show good cause for missing the deadline, or not following the Court’s orders or rules, by
explaining each of the reasons why you did not comply. Include any other information the Court
asked you to provide. Use more pages as needed.]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
RESPONSE TO ORDER TO SHOW CAUSE
CASE NO.: ___________________________________; PAGE ___ OF ___ [JDC TEMPLATE – rev. 2017]
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[You must sign and date.] Respectfully Submitted,
Date:
Sign Name:
Print Name:
CERTIFICATE OF SERVICE [JDC TEMPLATE Rev. 05/2017]
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CERTIFICATE OF SERVICE
You must serve each document you file by sending or delivering to the opposing side. Complete
this form, and include it with the
Motion to Change Date
of CMC that you file and serve.
1. Case name: _____________________________ v. ________________________________
2. Case number: _____________________________________________________________
3.
Documents served: Response to Order to Show Cause
4.
How was the Motion served? [check one]
Placed in U.S. Mail
Hand-delivered
Sent for delivery (e.g., FedEx, UPS)
Sent by fax (if the other party has agreed to accept service by fax)
5. On whom was the Motion served? [For each person who was sent the document, write
their full name and contact information used.]
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
6. When was the Motion served?
______________________________________________
7.
Who served the Motion? [Whoever puts it into the mail, faxes, delivers or sends for
delivery
should sign, and print their name and address. You can do this yourself.]
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct.
Signature:
_____________________________________________________
Name:
_____________________________________________________
Address: _____________________________________
_____________________________________
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Completed 19 February 2021

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