June 9, 2011

Orders to show cause.

Practice point: Pursuant to CPLR 2214(a), an order to show cause must state the relief demanded and the grounds therefor.

Students should note that, based on a general prayer, the court may grant relief not specifically requested, to the extent that it is warranted by facts plainly appearing on the papers.

Carter v. Johnson, NY Slip Op 04403 (2d Dept. 2011).


Tomorrow's issue is abuse of process.