SLR 8-8.055: Order to Show Cause

(1) The procedures of this rule are limited to domestic relations cases. Domestic relations cases are dissolution of marriage, legal separation cases including pre-trial motions and post-judgment motions, custody, filiations and interstate support proceedings. A contempt proceeding arising out of a domestic relations case is not covered by this rule. (2) An order to show cause will be allowed only upon the motion of a party supported by an affidavit or declaration. The order to show cause will not contain a date for hearing. It shall provide that the adverse party must file and serve a written response in opposition to the motion within thirty (30) days from the date of service of the order and affidavit or declaration, or within such additional time as allowed by the court upon a showing of good cause. The order must further advise the adverse party that if such written response in opposition is not filed and served within the thirty (30) days, the order requested by the motion and show cause order will be granted and entered by the court. 8th Judicial District – Baker Circuit Court Revised February 1, 2026 Page 7 of 34 (3) Post-judgment motions to set aside, alter or modify any terms of the judgment shall provide that the adverse party must file and serve a written response in opposition to the motion within thirty (30) days from the date of service of the order and affidavit or declaration. The order must further advise the adverse party that if such written response in opposition is not filed and served within thirty (30) days, the order requested by the motion and show cause will be granted and entered by the court. (4) If the opposing party fails to file the written response in opposition within the time allowed, the moving party shall forthwith submit an order allowing the relief requested in the order to show cause. The court reserves the right to require the taking of testimony of the moving party in such default matters. The court also reserves the right to enter the order requested if the opposing party does not file the required response and it may do so upon its own motion if the moving party fails to present for signature the order required above. (5) Except for cases in which mandatory mediation applies, upon the opposing party filing a written response in opposition, the court will cause a hearing date to be set to determine the issues raised by the order to show cause and affidavit.