How to File a Motion to Show Probable Cause

The specific requirements for a motion to show probable cause, frequently known as a show cause motion, vary based on the jurisdiction where the case is taking place and the type of matter in which cause is being requested. Generally, it is advisable for a licensed attorney to draft and file a motion to show probable cause since each court outlines specific requirements for the contents of motions. If the moving party fails to follow the court's rules governing motions to show probable cause, the judge may decline the motion without holding a hearing on its merits.

Instructions

1. Outline your case in detail. The motion to show cause should specifically outline the reasons you believe that the other party should be required to show probable cause. If your case involves a financial matter, you should attach evidentiary documents, such as original bills and receipts.

2. Obtain an affidavit. Attach a signed and notarized affidavit to your motion attesting that the facts you stated in the motion are correct to the best of your knowledge.

3. File your motion with the court. You or your attorney will need to file the completed and signed affidavit with the clerk of the court. He will review the document and forward it to the judge, who will schedule a hearing date on its merits.

4. Serve the motion on the opposing party. You or your attorney will need to serve a copy of the motion on the opposing party pursuant to the rules of your jurisdiction.

Resources

• Definition of Order to Show Cause
• Federal Rules of Civil Procedure Regarding Motions