New York Law (NYLE) Practice Exam

What document should a party file to seek relief on an expedited basis?

1. A motion for injunction

2. A notice of motion

3. An order to show cause

4. A request for emergency relief

The correct answer is: An order to show cause

Seeking relief on an expedited basis typically involves the use of specific procedural documents that facilitate a quicker response from the court. An order to show cause is particularly suited for this purpose, as it is designed to obtain immediate judicial attention and action. When a party files an order to show cause, it prompts the court to address urgent matters quickly, allowing the requesting party to present their case for relief in a time-sensitive manner. This document sets forth the reasons why immediate relief is necessary and often includes a specific date for a hearing, thereby expediting the judicial process. Orders to show cause are commonly used in various circumstances, including requests for temporary restraining orders or preliminary injunctions, where time is of the essence. Other options like motions for injunction and notices of motion are more standard and do not inherently convey the urgent need for immediate action as effectively as an order to show cause. A request for emergency relief may imply urgency, but it may not have the same procedural weight as an order to show cause, which is explicitly designed for swift judicial intervention.