Revised 09/01/2019, CN 10705 page 1 of 3
OTSC as Original Process
Submitted with New Complaint
Preliminary Injunctive Relief
Pursuant to Rule 4:52-1 No TRO
Superior Court of New Jersey
Division
Part
County
,
Docket Number
Civil Action
Order to Show Cause
Preliminary Injunction
Pursuant to Rule 4:52
v.
,
This matter being brought before to the court by
, attorney for plaintiff,
, seeking relief by way preliminary injunction at the return date set forth
below pursuant to
R. 4:52, based upon the facts set forth in the verified complaint filed herewith and for good
cause sho
wn.
It is on this
day of , 20 , ORDERED that
defendant(s)
, , appear and show cause before the Superior Court at the
County Courthouse in , New Jersey at o’clock in the
noon or as soon thereafter as counsel can be heard, on the day of , 20 why an
order should not be issued preliminarily enjoining and restraining
, , from:
(
Set forth with specificity the return date relief that the plaintiff is seeking)
A.
B.
C.
D.
Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits
or certifications submitted in support of this application be served upon the defendant(s)
personally, or
within days of the date hereof, in accordance with R. 4:4-3 and
R
. 4:4-4, this being original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings on the defendant no
later than three (3) days before the return date
.
Save
Print
Clear
s
by
s
20
in
describe form of substituted service
Revised 09/01/2019, CN 10705 page 2 of 3
3. Defendant(s) shall file and serve a written response to this order to show cause and the request for entry
of injunctive relief and proof of service by
. The original documents must be filed with the clerk of
the Superior Court in the county listed above. A
directory of these offices is available in the Civil Division
Management Office in the county listed above and online at
njcourts.gov/forms/10153_deptyclerklawref.pdf.
You must send
a copy of your opposition papers directly to Judge , whose
address is
, New Jersey. You must also send a copy of your
opposition papers to the plaintiff’s attorney whose name and addre
ss appears above, or to the plaintiff, if no
attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay
the required fee of $
and serve your opposition on your adversary, if you want the court to hear your
opposition to the injunctive relief the plaintiff is seeking
.
4. The plaintiff must file and serve any written reply to the defendant’s order to show cause opposition
by
. The reply papers must be filed with the Clerk of the Superior Court in the county listed above
and a copy of the reply papers must be sent directly to the chambers of Judge
.
5. If the defendant does not file and serve opposition to this order to show cause, the application will be
decided on the papers on the return date and
relief may be granted by default, provided that the plaintiff files a
proof of service and a proposed form of order at least three days prior to the return date
.
6. If the plaintiff has not already done so, a proposed form of order addressing the relief sought on the
return date (along with a self
-addressed return envelope with return address and postage) must be submitted to
the court no later than three (3) days before the return date.
7. Defendant takes notice that the plaintiff has filed a lawsuit against you in the Superior Court of New
Jersey. The verified complaint attached to this order to show cause states the basis of the lawsuit. If you
dispute this complaint, you, or your attorney, must file a written answer to the complaint and proof of service
wi
thin 35 days from the day of service of this order to show cause; not counting the day you received it.
These documents must be filed with the Clerk of the Superior Court in the county listed above. A
directory of these offices is available in the Civil
Division Management Office in the county listed above and
online at
njcourts.gov/forms/10153_deptyclerklawref.pdf. Include a $ filing fee payable to the
“Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s attorney whose
name and address appear above, or to the plaintiff, if no att
orney is named above. A telephone call will not
protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered against you
by default. Please note:
opposition to the order to show cause is not an Answer and you must file both. Please
note further: if you do not file and serve an Answer within 35 days of this Order, the court may enter a default
against you for the relief plaintiff demands
.
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8. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live
or the Legal Services of New Jersey Statewide Hotline at 1
-888-LSNJ-LAW (1-888-576-5529). If you do not
have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling
one of
the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and
Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and
online at
njcourts.gov/forms/10153_deptyclerklawref.pdf.
9. The court will entertain argument, but not testimony, on the return date of the order to show cause,
unless the court and parties are advised to the contrary no later
than days before the return date.
J.S.C.