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Order To Show Cause With Temporary Restraints (Form And Sample) Form. This is a New Jersey form and can be use in Civil Division Statewide.
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Tags: Order To Show Cause With Temporary Restraints (Form And Sample), 10308, New Jersey Statewide, Civil Division
OSC AS ORIGINAL PROCESS –
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF AND
TEMPORARY RESTRAINING ORDER
PURSUANT TO RULE 4:52
SUPERIOR COURT OF NEW JERSEY
___________ DIVISION ____________ COUNTY
_____________ PART
Docket No.:
Plaintiff(s),
CIVIL ACTION
v.
ORDER TO SHOW CAUSE
WITH TEMPORARY RESTRAINTS
PURSUANT TO RULE 4:52
Defendant(s).
THIS MATTER being brought before the Court by ____________________, attorney for
plaintiff, ______________________, seeking relief by way of temporary restraints pursuant to R.
4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that
the defendant has notice of this application
defendant consents to plaintiff’s application
immediate and irreparable damage will probably result before notice can be given and a
hearing held
and for good cause shown.
It is on this _____ day of _________, 20 __ ORDERED that defendant, ________________
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 defendant, _________________________________, from
A. ___________________________________________________________________;
B. ___________________________________________________________________;
C. ___________________________________________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that pending the return date herein, the defendant is
temporarily enjoined and restrained from:
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A. _________________________________________________________________________________;
B. ____________________________________________________________________;
C. ____________________________________________________________________.
And it is further ORDERED that:
1.
The defendant may move to dissolve or modify the temporary restraints herein
contained on two (2) days notice to the
2.
plaintiff’s attorney.
plaintiff.
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
personally
______________________________________ within ____ days
of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
3.
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.
4.
Defendant 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 _________________, 20__. The
original documents must be filed with the Clerk of the Superior Court in the county listed above.
A list of these offices is provided. 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 address 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.
5.
The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. 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 _____________________.
6.
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.
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7.
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.
8.
Defendant take 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 within 35 days from the date of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. 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 attorney 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.
9.
If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. 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 list of these numbers is also provided.
10.
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.
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OSC AS ORIGINAL PROCESS –
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF AND
TEMPORARY RESTRAINING ORDER
PURSUANT TO RULE 4:52
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name]
Docket No.:
Plaintiff(s),
CIVIL ACTION
v.
[Insert the defendant’s name]
ORDER TO SHOW CAUSE
WITH TEMPORARY RESTRAINTS
PURSUANT TO RULE 4:52
Defendant(s).
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of temporary restraints pursuant to R.
4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that
[the defendant has notice of this application] or [defendant consent’s to plaintiff’s application] or
[immediate and irreparable damage will probably result before notice can be given and a hearing
held] and for good cause shown.
It is on this ____ day of __________ ORDERED that defendant, [insert the defendant’s
name], 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 defendant, [insert the defendant’s name], from
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that pending the return date herein, the defendant is
[temporarily] enjoined and restrained from:
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A. [Set forth with specificity the temporary restraints that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________.
And it is further ORDERED that:
1.
The defendant may move to dissolve or modify the temporary restraints herein
contained on two (2) days notice to the [plaintiff’s attorney or alternate: plaintiff].
2.
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 [personally or alternate: describe form of substituted service] within ____ days of the date
hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
3.
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.
4.
Defendant 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 _________________, 20__. The
original documents must be filed with the Clerk of the Superior Court in the county listed above.
A list of these offices is provided. 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 address 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.
5.
The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. 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 _____________________.
6.
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.
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7.
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.
8.
Defendant take 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 within 35 days from the date of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. 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 attorney 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.
9.
If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. 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 list of these numbers is also provided.
10.
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.
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ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
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MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
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