1 ALTERNATIVE to a motion on notice—It is an order, signed ex parte by the judge, directing the adversary to "show cause" on a specified date why a motion should not be granted.
2 USED to accelerate the "return date," grant an immediate stay or TRO, or comply with statute
3 MADE in the following manner
- Movant drafts order and submits it ex parte to judge
- Includes supporting affidavits and underling motion
- Judge sets return date and method of service on adversary (usually personal delivery)
- Judge signs order
- Order and underlying motion papers served on opponent
- Opponent opposes on "return date"