The Firing Line Forums - View Single Post - Dywinski v. State Of New York (SAFE Act Challenge)

LancelotLink · February 28, 2013, 01:10 PM

I've been reading these threads and had to register to reply because there's some misunderstanding going on.

Formalities first. Hi everyone.

Here's the deal -

An order to show cause is nothing special under most circumstances. Its simply the means by which a pre-trial order can be obtained. Normally, the burden on obtaining a stay of the SAFE act lies squarely with the side the filed the motion.

The way an order to show cause works is the side that want a pre trial order submits a motion to the clerk of the court. If the format is correct, its presented to the judge for signing and the judge sets the timetable for both sides to submit all papers.

The only way a judge won't sign an order to show cause is if the format is incorrect. Its not big news.

Its about as significant as a mechanic opening a hood of a car to work on an engine. Its necessary, but its not something a mechanic would claim as monumental.

Obtaining an injunction is hard, extremely hard.

Expect the state to file its own motion to dismiss this entire case as part of its response.

After both sides submit all papers, the judge will rule on both sides request for pre-trial orders, usually within 60 days.

I don't mean to be a downer, but simply filing routine paperwork is nothing to get excited about, and calling it monumental doesn't exactly give me the warm and fuzzys.

Added: But like most aspects of the law, there are exceptions and it seems like this case falls into one. Having learned more facts, it seems there was some confusion on my end as to the context of the order to show cause.

February 28, 2013, 01:10 PM	#200
LancelotLink Member Join Date: February 27, 2013 Posts: 32	I've been reading these threads and had to register to reply because there's some misunderstanding going on. Formalities first. Hi everyone. Here's the deal - An order to show cause is nothing special under most circumstances. Its simply the means by which a pre-trial order can be obtained. Normally, the burden on obtaining a stay of the SAFE act lies squarely with the side the filed the motion. The way an order to show cause works is the side that want a pre trial order submits a motion to the clerk of the court. If the format is correct, its presented to the judge for signing and the judge sets the timetable for both sides to submit all papers. The only way a judge won't sign an order to show cause is if the format is incorrect. Its not big news. Its about as significant as a mechanic opening a hood of a car to work on an engine. Its necessary, but its not something a mechanic would claim as monumental. Obtaining an injunction is hard, extremely hard. Expect the state to file its own motion to dismiss this entire case as part of its response. After both sides submit all papers, the judge will rule on both sides request for pre-trial orders, usually within 60 days. I don't mean to be a downer, but simply filing routine paperwork is nothing to get excited about, and calling it monumental doesn't exactly give me the warm and fuzzys. Added: But like most aspects of the law, there are exceptions and it seems like this case falls into one. Having learned more facts, it seems there was some confusion on my end as to the context of the order to show cause. Last edited by LancelotLink; March 1, 2013 at 12:00 AM.