New Jersey Judiciary form CN 10308. This walkthrough fills the
35 text fields; 2 checkbox(es) on the form are
left for you to mark after download.
A four-page form titled “Order to Show Cause With Temporary Restraints Pursuant to Rule 4:52” carries the footer “Revised 09/01/2019, CN 10308” on each page, numbered “page 1 of 4” through “page 4 of 4.” A header on page 1 describes it as “OSC as Original Process – Submitted with New Complaint” for “Preliminary Injunctive Relief and Temporary Restraining Order Pursuant to Rule 4:52.”
The caption identifies the “Superior Court of New Jersey,” with blanks for Division, Part, County, and Docket Number, and the label “Civil Action.” The opening recital states the matter is “brought before to the court by , attorney for plaintiff, , seeking relief by way of temporary restraints pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith,” followed by checkboxes for whether “the defendant has notice of this application,” whether “defendant consent’s to plaintiff’s application,” or whether “immediate and irreparable damage will probably result before notice can be given and a hearing held.”
The ordering paragraphs direct the defendant to “appear and show cause before the Superior Court at the ___ County Courthouse” in a named New Jersey municipality, at a stated hour “or as soon thereafter as counsel can be heard,” on a stated date. Lettered blanks A, B, and C follow for the return-date relief sought, with “D. Granting such other relief as the court deems equitable and just.” A second set of blanks A, B, and C is provided for the temporary restraints in effect “pending the return date herein.”
Ten numbered paragraphs follow. They address the defendant’s ability to move to dissolve or modify the restraints “on two (2) days’ notice”; service of the order, verified complaint, legal memorandum, and supporting affidavits or certifications, either “personally” or by a described form of substituted service within a blank number of days, “in accordance with R. 4:4-3 and R. 4:4-4, this being original process”; the plaintiff’s proof of service, due “no later than three (3) days before the return date”; the defendant’s written response, filing of the originals with “the Clerk of the Superior Court in the county listed above,” a blank for the required fee, and copies sent directly to the named judge at the address given and to “the plaintiff’s attorney whose name and address appears above, or to the plaintiff, if no attorney is named above”; the plaintiff’s reply, filed with the same Clerk and copied to the judge’s chambers; decision on the papers by default if no opposition is filed; a proposed form of order, submitted “along with a self-addressed return envelope with return address and postage”; a 35-day notice for filing an Answer, with a blank filing fee “payable to the ‘Treasurer State of New Jersey’” and the note that “Opposition to the order to show cause is not an Answer”; a referral paragraph naming the “Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529)” and Lawyer Referral Services; and argument, but not testimony, on the return date. The final signature line is marked “J.S.C.”
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