A procedural device that requires the respondent to justify its conduct before the court decides whether to grant relief.

A show cause order is a court order requiring a party — typically the respondent in a mandamus case — to appear and explain, or "show cause," why the court should not grant the relief requested.

Origins in the traditional alternative writ

Show cause orders trace back to the traditional "alternative writ" structure discussed elsewhere on this site, in which a respondent was given a choice: perform the requested act, or appear and explain why it should not be required to.

How show cause orders function in modern practice

In many modern courts, a show cause order operates similarly to an expedited briefing schedule, requiring the respondent to file a written response within a specified, often short, timeframe addressing why the requested mandamus relief is not warranted.

When courts are more likely to issue one

Courts are more inclined to issue a show cause order when a petition presents a facially strong claim, particularly where time-sensitive circumstances (such as an approaching deadline) make an expedited response appropriate.

Responding to a show cause order as the respondent

A respondent served with a show cause order must generally respond within the specified deadline or risk having the requested relief granted by default, making prompt attention to these orders essential for government respondents and their counsel.

What happens after the response

Once the respondent's explanation is filed, the court typically either rules based on the written submissions or schedules a hearing for oral argument before issuing a final decision on whether to grant the writ.