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Order To Show Cause...how long to file?

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Order To Show Cause...how long to file?

Postby Lilly » Thu May 16, 2002 7:25 pm

After a verdict is rendered in a small claims action, how much time do the parties have to file an Order To Show Cause?
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Re: Order To Show Cause...how long to file?

Postby consigliere » Thu May 16, 2002 8:00 pm

Why would someone be filing an order to show cause after a decision in small claims court?

Was the decision rendered by a civil court judge or by an arbitrator?

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Re: Order To Show Cause...how long to file?

Postby Lilly » Thu May 16, 2002 8:36 pm

apparently the decision, by a judge, was not in their favor.
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Re: Order To Show Cause...how long to file?

Postby consigliere » Thu May 16, 2002 9:23 pm

If the decision was handed down by a civil court judge, the unhappy litigant can file an appeal with the Appellate Term. A notice of appeal has to be served and filed (after paying the appeals fee in civil court) within 30 days of service of the decision/judgment.

The appellant could request a stay from the Appellate Term, but posting the amount of the judgment (or a bond in the amount of the judgment) is usually required.

Unless the judgment is very large, preparing the record for the appeal, especially paying for the transcript, doing the research, writing the briefs, etc., can be expensive and time-consuming, and may not be worth the money, time, and effort.

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Re: Order To Show Cause...how long to file?

Postby Lilly » Thu May 16, 2002 9:26 pm

How about an OTC? How soon after the decision to file?

<small>[ May 16, 2002, 10:21 PM: Message edited by: Lilly ]</small>
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Re: Order To Show Cause...how long to file?

Postby consigliere » Fri May 17, 2002 8:43 am

The only quick and inexpensive alternative to an appeal is to bring a motion to reargue before the judge who handed down the decision. A motion to reargue has to be brought in the same time frame as an appeal.
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