How to file a motion for order to show cause?

1. Motion for Order to Show Cause and 2. Order to Appear and Show Casue for Failure to Comply (top section only) Sign the Motion in the presence of a Notary Public Family Court Staff are not Notaries Make two copies of each form Take the completed Motion and the two copies to the Clerk of Court. There is a $20 filing fee.

How does an order to show cause work?

The Order to Show Cause is a directive to a party to appear in court at a certain date and time and explain why they should not be held in contempt of court. After the hearing the court commissioner must enter recommendations for an order on the merits of the motion claiming that the party has not followed the controlling order.

How to file motion to vacate judgment / order?

Step 1: Get the Forms and Documents You Need Step 2: Fill out the Forms Step 3: Talk to an Attorney, if Possible Step 4: Get a Judge or Commissioner’s Signature / Copy Forms Step 5: File / Deliver Working Papers / Have the Other Party Served Step 6: Confirm Hearing / Go to Hearing STEP 1: GET THE FORMS AND DOCUMENTS YOU NEED

When to file a statement opposing a motion?

Even if a commissioner does not require a written Statement Opposing the Motion, it may be to your advantage to file one. If you do not agree with the motion and want to file a statement opposing it, you must file and serve the Statement Opposing the Motion at least 7 days before the hearing. A party may file more than one statement.

How to file a motion to show cause?

• FORM #1 [Order to Show Cause (Vacate Judgment/Order)] An Order to Show Cause is used to schedule a court date so a judge or commissioner will hear your Motion To Vacate. Pick a court date at least 5 court days from the day you plan to have the other party (or parties) served with a copy of the required forms and documents.

Can a motion to show cause be served before court date?

But, a motion has strict rules about the number of days it can be served before the court date. Many people find it easier to make an order to show cause because the court sets the court date and tells you how to deliver the papers to the other side.

The Order to Show Cause is a directive to a party to appear in court at a certain date and time and explain why they should not be held in contempt of court. After the hearing the court commissioner must enter recommendations for an order on the merits of the motion claiming that the party has not followed the controlling order.

How to file motion to enforce contempt of court?

Motion to Enforce and/or for an Order to Show Cause Regarding Contempt (pdf fillable) After you fill out the papers above, you will need to file them with the same district court where your case was filed. Visit Find My Court if you are not sure where to find the district court.