Request for Order to Show Cause

A request asking the court to issue an order to show cause — an order directing a party or person to appear and explain why the court should not take a stated action, such as holding them in contempt for disobeying an order, granting an injunction or imposing sanctions.

Governing rule
Fed. R. Civ. P. 7(b)(1); 11(c)(3); 28 U.S.C. § 2243; local rules
Type
Motion
Stage
Pleadings
When it is used
When a party believes another person has violated a court order, or when a local rule or statute uses the show-cause procedure for the relief sought.
Request for Order to Show Cause — a magnifying glass over legal documents

When the request for order to show cause is used

Timing: when a party believes another person has violated a court order, or when a local rule or statute uses the show-cause procedure for the relief sought. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

  • A request for an order is made by motion: it must be in writing unless made during a hearing or trial, state with particularity the grounds for seeking the order, and state the relief sought (Rule 7(b)(1)).
  • Courts also issue orders to show cause on their own. For example, on its own the court may order an attorney, law firm or party to show cause why conduct specifically described in the order has not violated Rule 11(b) (Rule 11(c)(3)).
  • In habeas corpus proceedings, a court entertaining an application must forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled to it (28 U.S.C. § 2243).
  • A request for an order to show cause re contempt usually must identify the specific order, show that the other person had notice of it, and describe the conduct that violated it, supported by a declaration. Local rules set the required form.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 7(b)(1); 11(c)(3); 28 U.S.C. § 2243; local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The request for order to show cause in state court

This page covers the federal version. In state court, the request for order to show cause may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

  • Order to show cause: a court order directing a party or person to appear and explain why the court should not take a stated action, such as holding the person in contempt, imposing sanctions, granting an injunction or dismissing a case.

Related procedures

Similarly, these procedures often come up alongside it:

  • Ex Parte Application: a request asking the court for an order on short notice, or in limited cases without notice, because the matter cannot wait for a regularly noticed motion. Courts use ex parte procedure for things such as temporary restraining orders, orders shortening time and short extensions.
  • Motion for Sanctions under Rule 11: a motion asking the court to sanction a party or attorney for a filing that violates Rule 11(b).
  • Motion for a Preliminary Injunction: a request for an order that preserves the situation while the case is decided.
  • Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

StateWhere to look
Federal courtsFed. R. Civ. P. 7(b)(1); 11(c)(3); 28 U.S.C. § 2243; local rules
CaliforniaCal. Code Civ. Proc. § 1211(a) (contempt outside court's presence; affidavit of facts constituting the contempt); Cal. Code Civ. Proc. § 1212 (warrant of attachment, or notice or order to show cause, before commitment); Cal. Rules of Court, rule 3.1150(a) (order to show cause for preliminary injunction; required when TRO sought)
New YorkCPLR 2214(d) (order to show cause in lieu of notice of motion)
TexasTex. R. Civ. P. 692 (disobedience of injunction; affidavit, attachment or show cause order); Tex. Gov't Code § 21.002 (contempt punishment)
FloridaFla. R. Crim. P. 3.840(a) (indirect criminal contempt; order to show cause)

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on request for order to show cause. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.

Official civil procedure rules for every state

Sources

Official sources:
law.cornell.edu/rules/frcp/rule_7
uscourts.gov/rules-policies/current-rules-pra…

Sources last reviewed: 2026-10-24

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.