A show cause order follows unresolved deficiencies, directing the claimant to demonstrate compliance or explain the failure. Non-response typically results in dismissal, frequently with prejudice.
Orders are commonly issued on a docket-wide basis listing multiple cases.
Alternative Names:
Order to Show Cause, Show Cause Process
Why it Matters?
Docket-wide show cause practice is what allows an MDL court to dismiss hundreds of non-compliant claims efficiently, and it is the mechanism producing the largest reductions in inventory. Whether dismissal is with or without prejudice matters substantially, since dismissal without prejudice allows refiling and leaves the exposure intact. Defendants should seek prejudice where the failure reflects an inability to support the claim rather than a procedural lapse.
Frequently Confused with
Related terms
Frequently asked questions
How are show cause orders used in MDLs?
Does dismissal carry prejudice?
