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"Cause shown" refers to the justification or reason presented for a specific action or decision in legal contexts. This term is often used in court proceedings to indicate that a party has provided sufficient evidence or rationale to support their request or argument. It plays a crucial role in various legal processes, as it helps establish the legitimacy of motions, requests, or claims made before the court.
Table of content
Legal Use & context
The term "cause shown" is commonly used in civil and criminal law. It often appears in motions, requests for extensions, or substitutions of parties in lawsuits. For example, an attorney may request an extension of time to file a document, stating "good cause shown" to justify the delay. This term emphasizes the necessity of providing a valid reason, often supported by affidavits or other evidence, to persuade the court to grant the request.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. In a civil case, a plaintiff may file a motion to substitute a party in a lawsuit. If they provide sufficient cause shown, the court may allow the substitution, thereby relieving the original defendant of liability.
2. An attorney may file a motion for an extension of time to submit a brief, stating "good cause shown" based on unforeseen circumstances, such as illness or the need for additional evidence. (hypothetical example)
Relevant laws & statutes
Some relevant statutes include:
Tenn. Code Ann. § 4-18-104: Allows the attorney general to request extensions for sealed complaints for good cause shown.
Tenn. Code Ann. § 20-1-116: Permits the court to order substitutions of defendants if sufficient cause is shown.
State-by-state differences
State
Application of Cause Shown
Tennessee
Used in motions for extensions and substitutions with specific statutory references.
California
Similar usage in civil procedure, often requiring a declaration or affidavit.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Good cause
A valid reason for a request or action.
"Cause shown" often requires evidence; "good cause" can be more subjective.
Affidavit
A written statement confirmed by oath.
An affidavit may be used to support cause shown but is not synonymous with it.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to demonstrate cause shown in a legal matter, consider the following steps:
Gather relevant evidence, such as affidavits or documents that support your request.
Draft a clear and concise motion outlining your reasons and the evidence you provide.
Consult US Legal Forms for templates that can help you prepare your motion effectively.
If your situation is complex, seek advice from a legal professional to ensure your rights are protected.
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