Writing Order to Show Cause

[ameliabedelia]

Can someone please explain if there is a required format for filling out an order to show cause and, if so, what that is?

What do you need to include in order to put a case back on the calendar? I was the prevailing party. Other side not following judge's instructions.

Can I seek damages for their refusal to do as they were told, and do I include that in the Order to Show Cause? Thanks.

[Brooklyn Babe]

It's pretty simple (As prevailing party I had to file a total of 6 throughout my case). You do not have to bring anything with you to file, Although you need your index number and last appearance date).
You go to clerk and tell them you like an OSC, fill it out, wait for number to be called, Clerk will look it over and send you to a crtrm for Judge's signature. Go to crtrm, hand it to clerk and wait, they'll usually call your name when it's ready and instruct you on how to serve (usually via certificate of mailing). Every once in a while a Judge may ask to see you (usually if he is familiar with the case) before signing the OSC to have you explain why you need the OSC. It's really no big deal, they are usually just curious...
TIP: Bring mailing envelopes, stamps, and $ with you, so you can head straight to Post Office after he signs it.
Go to http://www.tenant.net/Court/Tenguide/bks-toc.html
scroll down to "Sample Papers" and see how OSC looks and what info. is required.
Best of Luck!

[Brooklyn Babe]

Opps, forgot to answer your question on damages. As you will see from the Sample OSC, there is no area to stipulate damages. If it is an HP Action, no you can not, the only one who gets $ is the City based on civil penalties. You can deduct damages from rent and bring it up when LL takes you for non-payment or you can file a civil suit (Small claims is under $3000.00) to recover $.

[susan25]

My 2 cents..I just wanted to tell you that if you are filing the osc at 111 centre street, they have a huge bulletin board with a sample osc filled out to show you how to do it. Also for great free legal advice get there early (like 9AM) and sign the list to see the PRO SE attorney downstairs . Do not go in the afternoon because then you have to go upstairs and its not in an office like downstairs, it is a plexiglass window you have to shout through.