CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar?

The CIV-LT-10 is a sworn statement. It is used in the Civil Court of the City of New York. It supports your request to put a landlord‑tenant case back on the court calendar. You submit it with an Order to Show Cause. The judge reads it to decide if your case should return to active status.

You use this form in the Housing Court or the Civil Court’s landlord‑tenant part. These are summary proceedings. Common examples include nonpayment and holdover cases. The docket number will begin with “LT.” The caption lists a petitioner and a respondent. The property address appears in the caption.

An affirmation is a statement by an attorney. It is signed under penalties of perjury. It does not need a notary. If you are not an attorney, you typically use an affidavit. The content is very similar. The difference is the signature form. The court often has both versions available.

Who typically uses this form?

Attorneys for landlords use it often. They may need to restore a case after a missed appearance. Or after the other side fails to follow a stipulation. Attorneys for tenants also use it. They may ask to vacate a default and restore the case. They may need a stay of eviction pending a new court date.

You may need this form if your case was marked off. Or dismissed for nonappearance. Or removed based on a stipulation. You also use it when a stay has expired and new facts exist. The goal is to restore the case so a judge can address your request on notice.

Typical usage scenarios

You missed a calendar call due to an emergency. The case was dismissed. You act quickly to restore and explain your excuse. Or the other party breached a payment stipulation. You seek enforcement or a new schedule. Or a case was marked off while repairs were pending. The work is finished. You now need a hearing on rent abatement. Or an order stayed the case for a period. The stay ended. You need the matter back on the calendar.

Your affirmation gives the court the facts and reasons. It outlines the history. It attaches proof. It asks for specific relief. It also proposes any interim stays the judge should grant.

When Would You Use a CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar?

Use this form when your case needs to be “re‑calendared.” This happens when a case has been marked off. It may happen after a default, a dismissal, or a stipulation. It can occur for reasons outside your control. It can also stem from a law office error. The court needs a sworn explanation and a clear plan.

Landlords use it after a missed appearance by their counsel. They also use it when a tenant breaches a stipulation. For example, the tenant stopped making agreed-upon payments. The landlord seeks restoration to enforce the agreement. They may also seek a judgment or a new hearing date.

Tenants use it to vacate a default. They may have missed court due to illness or work. They may also use it when the landlord fails to complete repairs. The tenant asks the court to set a new date. They may seek an abatement or to enforce access terms.

Businesses use it in commercial holdovers. For example, a shop missed a motion call. They learned of a default date. They act promptly to restore. They show a meritorious defense. They ask the court to stay the eviction until the hearing.

You also use this form after a case is stayed. A bankruptcy may stay in Housing Court. When the stay lifts, you need to restore the case. The affirmation explains the timeline. It attaches the stay relief notice. It asks the court for a new appearance date.

Another scenario involves an administrative error. The clerk may have marked the case as disposed. You learned of the mistake. You act quickly with proof. You ask to restore so the court can correct the record.

Finally, you use it when the settlement has failed. Say the parties agreed to a payment plan. The tenant later defaulted. The landlord needs a hearing to address it. Or the tenant paid in full, but turnover did not occur. The tenant seeks court intervention. Restoration enables the judge to resolve the next steps.

 Legal Characteristics of the CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

The affirmation is a sworn submission. It is legally significant. It is not the order itself. It is the factual backbone of your request. Your statements are made under penalties of perjury. If false, there are serious consequences. That duty drives accuracy and detail.

The court grants relief based on standards. The judge weighs your excuse for default. The court looks for a prompt filing. The judge also considers a meritorious claim or defense. You should address each in your affirmation. If you seek a stay, show why it is needed. Explain harm without a stay. Show minimal prejudice to the other side.

Enforceability comes from the order the judge signs. Your affirmation supports the Order to Show Cause. The judge can grant a temporary stay. The judge can schedule the hearing. Once signed, those directives bind the parties. They control service, dates, and interim relief.

Your request must be precise. Vague requests fail. Ask to restore to the calendar. Ask to vacate any dismissal or default. Ask for a stay of eviction until the return date. Ask for any related relief. For example, permission to file an answer. Or a directive on payments pending the hearing.

Attach proof. The judge expects exhibits. Include the prior stipulation. Include the dismissal notice. Include proof of payments. Include medical or travel documentation if relevant. Include your proposed answer for a vacatur request. Exhibits strengthen your showing.

Timing matters. Act quickly after learning of the issue. State the date you learned of it. State when you filed. Courts value diligence. Delay without reason harms your request.

Service matters. The judge will direct how to serve the signed order. Comply exactly with the service plan. File proof of service by the deadline. Failure to serve as directed can vacate the stay. It can cause denial on the return date.

Remember the role of the affirmation. It does not grant relief on its own. It enables the court to hear you. It frames the issues. It protects the record with facts. It asks for focused, lawful relief.

How to Fill Out a CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

Follow these steps. Move carefully. Keep your sentences factual and concise.

1) Confirm you have the right form.

• Use the affirmation if you are an attorney. It does not require notarization.
• If you are self‑represented, use the affidavit version. It must be notarized. The content below still applies.

2) Gather your case details.

• Get the LT docket number. Example: LT‑123456‑24/NY.
• Confirm the county and part. Example: Housing Part, County of Bronx.
• Note the judge’s name if assigned. Include room or part number if known.
• Confirm the full caption. Use the exact party names from court papers.
• Verify the property address as listed in the case.

3) Draft the caption block.

• Start with “Civil Court of the City of New York.”
• Add the county name. List the Housing Part if applicable.
• Insert the full caption. Petitioner‑Landlord vs. Respondent‑Tenant.
• Add the premises address under the caption if space allows.
• Include the docket number. Use the exact format in your file.

4) Title your document correctly.

• Use “Affirmation in Support of Order to Show Cause To Restore to the Calendar.”
• This matches the relief you seek.

5) Identify yourself and your role.

• State your name, firm, and that you are admitted in New York.
• State who you represent. Petitioner or Respondent.
• Say you are familiar with the facts from the file review and discussion.

Example:

“I am the attorney for Respondent. I submit this affirmation to request restoration of this matter to the court’s calendar.”

6) Provide the procedural history.

• Explain when the case began. Include service and first appearance.
• Summarize key adjournments. State reasons for adjournments if important.
• Attach any stipulations as exhibits. Refer to them by exhibit letter.
• State how and when the case came off the calendar. Be exact. Quote the entry if known.

Example:

“On June 10, the case was marked ‘dismissed for nonappearance.’ A screenshot of the docket is Exhibit A.”

7) Explain why restoration is needed now.

• Give the reason for any default or dismissal. Be specific and credible.
• If due to an emergency, describe it briefly. Include dates. Attach proof.
• If there is a law office error, explain the mistake. Describe corrective steps taken.
• If the other party breached a stipulation, describe the breach. Include dates and amounts. Attach proof.

8) Show a meritorious claim or defense.

• For tenants, outline a valid defense. Examples: payment, repairs, rent overcharge, access issues, or improper notice.
• For landlords, outline the entitlement. Examples: ongoing arrears, holdover grounds, or unfulfilled stipulation terms.
• Keep it short but concrete. Include numbers and dates where possible.
• Attach key documents. Reference each as an exhibit.

9) Address timing and prejudice.

• State the date you learned of the dismissal or default.
• State the date you prepared and filed this application.
• Explain why the timing is prompt and reasonable.
• Explain why the other side is not prejudiced by restoration.
• Note any ongoing harm if the case stays off the calendar.

10) Request specific relief.

• Ask to restore the case to the calendar.
• If needed, ask to vacate any default or dismissal.
• If a warrant is issued, ask for a stay of eviction. Ask for a stay through the return date and pending decision.
• If applicable, ask to enforce or modify a stipulation.
• If needed, ask for leave to interpose an answer. Attach a proposed answer as an exhibit.

Use direct language. Example:

“I respectfully request that the Court restore this matter to the calendar, vacate the June 10 default, stay any eviction pending the return date, and grant such other and further relief as is just.”

11) Attach exhibits as schedules.

• Label each exhibit clearly. Use Exhibit A, B, C, and so on.
• Typical exhibits include:
• The prior stipulation or order.
• The dismissal entry or docket printout.
• Proof of payments or arrears ledger.
• Copies of notices and affidavits of service.
• Medical or travel documentation supporting an excuse.
• Communications showing diligence and notice.
• A proposed answer if you seek vacatur.
• Reference each exhibit in the text. Example: “See Exhibit B.”

12) Draft the proposed Order to Show Cause.

• Prepare the proposed order that the judge can sign.
• State the relief sought in the wherefore clauses.
• Request a return date “on a date set by the Court.”
• Propose interim stays, if needed. Example: stay of eviction.
• Propose specific service methods. Include who will serve and how.
• Leave signature and date lines blank for the judge.

13) Add the wherefore clause to your affirmation.

• Summarize your requests plainly.
• Restate the key relief items.

Example:

“Wherefore, Respondent requests that the Court restore the case to the calendar, vacate the default, and stay execution of any warrant pending the hearing.”

14) Add the signature block.

• Include your signature line, printed name, firm, address, phone, and email.
• Include your attorney registration number.
• Add the affirmation statement. Example:

“I affirm under penalties of perjury that the foregoing is true, based on my knowledge and review of the file.”

15) Date and place.

• Include the city and state.
• Include the date of signing.

16) Review for completeness.

• Check the caption and docket number.
• Confirm all exhibits are attached and labeled.
• Verify dates, amounts, and names match your exhibits.
• Ensure your reasons are clear and consistent.
• Confirm the relief requested matches the proposed order.

17) File the application.

• Bring the packet to the clerk’s window for Orders to Show Cause.
• Include the affirmation, the proposed order, and all exhibits.
• Have enough copies for filing and service.
• Ask about any required fees or checks.

18) After a judge reviews the proposed order.

• If signed, read the order carefully. Note any stays and deadlines.
• Follow the service instructions exactly. They control how and when you must serve.
• Serve the other party by the methods ordered. Get proof of service.

19) File proof of service.

• Prepare an affidavit of service.
• Attach mailing receipts if applicable.
• File it with the court before the return date.

20) Prepare for the return date.

• Bring your original exhibits and extra copies.
• Be ready to argue the excuse and merits.
• Be ready with an updated arrears ledger or repair photos, if relevant.
• Have a realistic proposal to resolve the case.

Practical tips:

• Keep your facts tight. Judges care about timelines.
• Attach the most persuasive proof first. Make it easy to follow.
• If seeking a stay of eviction, act fast. Delay can defeat your request.
• Do not overreach. Ask only for what you need now.
• Own any mistakes. Explain the fix. Judges respect candor.

Common mistakes to avoid:

• Leaving out the docket number or judge information.
• Failing to explain the reason the case went off calendar.
• Not showing a meritorious claim or defense.
• Asking for a stay without showing harm and prompt action.
• Forgetting exhibits or failing to label them.
• Not following the service directions in the signed order.

If you are self‑represented:

• Use the affidavit version. It must be notarized.
• The content should mirror the steps above.
• Ask the clerk to review your packet for completeness.
• Bring ID for notarization if the court offers that service.

By following these steps, you give the judge what is needed. You show a reasonable excuse and a real claim. You show prompt action and fairness to the other side. You ask for focused relief. That is how you restore your case to the calendar in New York City Civil Court.

Legal Terms You Might Encounter

• When you complete the CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar, you will see common court terms. Your “affirmation” is your signed statement of facts. You declare the truth of what happened under penalty of perjury. In many courts, attorneys use affirmations. If you are not an attorney, the court may require an affidavit instead. Ask the clerk which version fits your role.
• An “Order to Show Cause” is a judge’s order that creates a fast path back to court. It sets a “return date” and tells the other side to appear and explain why the judge should not grant your request. In your CIV-LT-10, you explain why you need that order and what relief you want.
• “To restore to the calendar” means to put your case back on the court’s active schedule. The case might have been “marked off,” “struck,” or “dismissed” after a missed date or other issue. Your goal is to return it to the court’s calendar so it can move forward.
• The “calendar” is the court’s daily list of cases. It includes times, courtrooms, and the judge. Your return date places your case back on that list. Your affirmation should propose a timeline and show why the court should calendar the case again.
• “Default” means a failure to appear or act. A default can cause the case to be dismissed or a judgment to be entered. In your CIV-LT-10, you explain the default and why the court should excuse it. Use clear facts and attach proof.
• “Good cause” or “excusable neglect” describes the valid reason for the problem. Examples include a medical emergency, mailing errors, or incorrect calendar entries. You must connect your facts to this standard. Your affirmation should show that you moved quickly once you learned of the problem.
• A “stay” pauses enforcement of a judgment or warrant. When you ask to restore the case, you may also request a stay. If granted, the stay can halt enforcement until the return date or until the judge decides the motion. If you need a stay, ask for it in your CIV-LT-10. Explain the risk if no stay is granted.
• “Service” is the formal delivery of court papers to the other side. The signed Order to Show Cause will tell you exactly how to serve. It will say who must serve, what to serve, how to serve, and by when. The method might include personal delivery or mail. After service, you may need to file proof of service.
• An “affiant” is the person who signs the affirmation or affidavit. In your CIV-LT-10, you are the affiant. You must have personal knowledge of the facts or explain how you know them. If someone else has the key facts, they can provide their own affidavit.
• “Exhibits” are the documents you attach to support your facts. Typical exhibits include medical letters, receipts, envelopes, screenshots, emails, or court notices. Label each exhibit clearly. Refer to each exhibit in your affirmation. Good exhibits make your request stronger.

FAQs

Do you need an attorney to file the CIV-LT-10?

You can usually submit the CIV-LT-10 without an attorney. Many litigants handle this step on their own. The court clerk can guide you through the process steps. The clerk cannot give legal advice. If you have complex facts or tight timelines, consider getting legal help. You are responsible for accurate facts and proper service.

Do you have to explain why you missed the last court date?

Yes. The judge needs a clear, credible reason. Give a short timeline. Show when you learned of the missed date. Explain why you did not appear. Then show what you did to fix the problem. Attach proof, such as hospital records, mail tracking, or travel delays. Being honest and specific helps. Avoid blaming the court or the other side without evidence.

Do you attach exhibits to the CIV-LT-10?

Yes. Attach only the documents that prove your facts. Label them Exhibit A, B, C, and so on. Refer to each exhibit in the body of your affirmation. Put the most important proof first. Include prior court notices, dismissal orders, and your evidence of good cause. Always include your case caption and index number on exhibits if possible.

Do you serve papers before or after the judge signs the Order to Show Cause?

You serve after the judge signs. First, you submit the CIV-LT-10 with your proposed Order to Show Cause. The judge reviews it. If the judge signs, the order will set a return date and service instructions. Follow those instructions exactly. Then file your proof of service if the order requires it.

Do you need to appear on the return date?

Yes, unless the order says otherwise. Arrive early. Bring copies of all papers you filed and served. Bring proof that you served the other side as directed. Be ready to answer the judge’s questions. If you reach an agreement, be sure it is put on the record or in writing.

Do you need to request a stay in the CIV-LT-10?

If you want to halt enforcement, you must ask for it. State what you want to stay and why. Be specific about the risk. For example, you may ask to stay a judgment, levy, or warrant until the return date. The judge decides whether to grant a stay and for how long.

Do you pay a filing fee for an Order to Show Cause?

Filing fees can vary. Ask the clerk about fees and accepted payment methods. Ask whether any fee waivers are available. Do not delay your filing because of uncertainty. Get a clear answer on fees before you submit.

Do you use an affirmation or an affidavit if you are self-represented?

Courts treat affirmations and affidavits differently. An affirmation is a statement signed under penalty of perjury. An affidavit is sworn before a notary. If you are unsure which to use, ask the clerk if the court accepts your signature as an affirmation. If not, use the affidavit version and have it notarized. The content is similar. The difference is how you sign.

Checklist: Before, During, and After the CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

Before signing

• Gather your case caption as it appears on prior court papers.
• Confirm the index or docket number and part/room if known.
• Get a copy of the order or notice that removed your case from the calendar.
• Write a short timeline of relevant dates. Include the missed date and when you learned about it.
• Identify the reason for the default. Keep it factual and concise.
• Collect exhibits that prove your reason. Medical records, travel records, mail confirmations, and emails help.
• Prepare any proof of address changes or returned mail, if relevant.
• List all the relief you want. Ask to restore to the calendar. Ask for a stay if needed.
• Confirm the other side’s current address for service.
• Ask the clerk about the proposed Order to Show Cause formatting. Some courts provide a cover sheet.
• If you are not using an affirmation, plan for notarization of an affidavit.
• Make at least three sets of copies: court, service, and your file.

During signing

• Verify the caption matches prior court papers exactly.
• Check the index or docket number for accuracy.
• Confirm dates in your timeline. Avoid contradictions.
• Identify each exhibit in the affirmation by letter and description.
• State clearly the relief you seek. Include restore to calendar and any stay.
• Include your contact information. Add phone and email if allowed.
• If using an affidavit, sign only in front of a notary.
• If using an affirmation, include the penalty-of-perjury language.
• Review for plain language. Remove extra adjectives and opinions.
• Keep sentences short. Avoid long narratives.
• Ensure all pages are numbered and in order.
• Attach the proposed Order to Show Cause if required by the clerk.

After signing

• Assemble your packet: CIV-LT-10, proposed Order to Show Cause, and exhibits.
• File your packet with the clerk. Ask for a stamped copy for your records.
• Wait for the judge to review. This can be same-day or later.
• If signed, read the Order to Show Cause carefully. Note the return date, time, and room.
• Note the service method and deadlines. The order controls service.
• Serve the papers exactly as ordered. Use a qualified server if required.
• Prepare and file proof of service if the order requires it. Keep copies.
• Calendar the return date. Plan your travel and time off if needed.
• Bring all originals and copies to court on the return date.
• After the appearance, follow any new orders. Note new dates or conditions.

Common Mistakes to Avoid CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

Vague or unsupported reasons

• Don’t say “I was busy” without proof. Consequence: The judge may deny restoration. Solution: Provide a clear timeline and attach exhibits.

Wrong or incomplete case information

• Don’t mistype the index number or party names. Consequence: Delay or rejection by the clerk. Solution: Copy the caption and number exactly from prior orders.

Skipping the stay request

• Don’t assume enforcement pauses automatically. Consequence: Enforcement can continue. Solution: Ask for a stay in your CIV-LT-10 and explain why.

Ignoring service directions

• Don’t serve by a different method than ordered. Consequence: The court may dismiss your Order to Show Cause. Solution: Follow the service method and deadline on the signed order.

Missing signature or notarization

• Don’t sign an affidavit outside a notary’s presence. Consequence: The court may reject your papers. Solution: Use a notary for affidavits or use an affirmation if permitted.

What to Do After Filling Out the Form CIV-LT-10 – Affirmation in Support of Order to Show Cause To Restore to the Calendar

• File for review

Take your CIV-LT-10, proposed Order to Show Cause, and exhibits to the clerk. Ask any procedural questions. Get a stamped copy for your records. Confirm how you will be notified when the order is ready.

• Obtain the signed Order to Show Cause

When the judge signs, read it line by line. Note:

• The return date and time.
• The courtroom or part.
• Any stay granted and its scope.
• The exact service method.
• The deadline for service.
• Any conditions you must meet before the return date.

• Serve as directed

Prepare the service packet. Include all items listed in the signed order. Arrange for service by the required method. Use a process server if the order requires personal delivery. Keep receipts and a log of service attempts.

• File proof of service

If the order requires proof of service, file it before the return date. Use the form required by the court. Attach any postal receipts or affidavits from the server. Keep stamped copies.

• Prepare for the return date

Organize your file:

• CIV-LT-10 with exhibits.
• Signed Order to Show Cause.
• Proof of service.
• Prior court orders, notices, and the dismissal order.
• Any updates since filing, including new exhibits.

Arrive early. Check in with the part clerk. Be ready to explain your request within a few minutes.

• Address the conditions stated by the judge

If the order requires a payment or other step before the return date, comply on time. Bring proof to court. Missing a condition can lead to denial.

• Attend the appearance

Answer questions calmly. Focus on facts and timelines. If you resolve issues, confirm the terms on the record. If the court restores the case, get the next date and any deadlines.

• Follow-up actions

After the appearance:

• Get a copy of any new order.
• Calendar all new dates and tasks.
• Serve any orders if directed.
• Meet discovery or payment deadlines if set.
• Monitor your mail and email for notices.

• Amend if new facts arise

If circumstances change, prepare a short supplemental affirmation. Bring it to court or file as directed. Serve the other side if required. Keep your record current and accurate.

• Keep your records organized

Store a full set of filings, stamped copies, and service proofs. Keep a checklist of deadlines. Keep your contact information current with the court.

• If the request is denied

Ask the clerk for the next steps available in your case. Note any time limits to try again. Consider narrowing your request or adding stronger proof. Act promptly.

• If the case is restored

Confirm the next court date. Prepare for the underlying issues in the case. Gather witnesses, documents, and any payments relevant to the resolution. Stay on top of each deadline to avoid another default.