A2078   Klein   No Same as
Civil Practice Law and Rules
TITLE....Requires a party seeking an order to show cause to specify clearly why he or she in proceeding via an order to show cause, and not by another, less urgent, method

KLEIN
Amd R2214, CPLR
Requires a party seeking an order to show cause to specify clearly why he or she is proceeding via an order to show cause, and not by another, less urgent, method.

 
                STATE OF NEW YORK
       ________________________________________________________________________
 
                                         2078
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   January 22, 2001
                                      ___________
 
       Introduced  by M. of A. KLEIN -- read once and referred to the Committee
         on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to  clari-
         fying  the  need  for  expedited  relief when seeking an order to show
         cause
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section  1. Subdivision (d) of rule 2214 of the civil practice law and
    2  rules, as amended by chapter 752 of the laws of 1972, is amended to read
    3  as follows:
    4    (d) Order to show cause. The court in a proper case may grant an order
    5  to show cause, to be served in lieu of a notice of motion, at a time and
    6  in a manner specified therein.   The party seeking  the  order  to  show
    7  cause shall state in the application why such expedited relief is neces-
    8  sary.  An  order  to show cause against a state body or officers must be
    9  served in addition to service upon the  defendant  or  respondent  state
   10  body  or  officers upon the attorney general by delivery to an assistant
   11  attorney general at an office of the attorney general in the  county  in
   12  which  venue of the action is designated or if there is no office of the
   13  attorney general in such county, at the office of the  attorney  general
   14  nearest such county.
   15    §  2.  This  act  shall  take  effect on the first day of January next
   16  succeeding the date on which it shall have become a law.
 
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04355-01-1

 
BILL NUMBER: A2078
 
SPONSOR: Klein

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to clarifying the need for expedited relief when seeking an
order to show cause
 
 
PURPOSE OR GENERAL IDEA OF BILL:
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Civil Practice.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
This measure would amend CPLR 2214(d) to require a party seeking an
order to show cause clearly to specify why he or she is proceeding via
an order to show cause, and not by another, less urgent, method.
 
 
JUSTIFICATION:
Practitioners have informed our Advisory Committee of their concern that
some parties have applied for and been granted orders to show cause when
expedited relief was not really needed. Even though the current statute
states that "a court may grant an order to show cause IN A PROPER CASE"
(emphasis added), the Committee felt that it would be desirable to modi-
fy the statute to require a showing of why expedited relief is neces-
sary. To accomplish this end, it recommends the insertion of a new
sentence after the first sentence of CPLR 2214(d), providing: "the party
seeking the order to show cause shall state in the application why such
expedited relief is necessary."
 
 
PRIOR LEGISLATIVE HISTORY:
1998 - A11017 - referred to codes.
2000 - A5291 - referred to codes.
 
 
FISCAL IMPLICATIONS:
None.
 
 
EFFECTIVE DATE:
This measure would take effect on January first next succeeding the date
on which it becomes law.