What is an order to show cause for contempt in civil court? If the reason for contempt has been remedied before the show cause hearing and all the proper documents have been filed, will the debtor be okay at the hearing or would there be a contempt charge. Sorry this is small claims court.
2006-07-23 08:48:53 · 5 answers · asked by fla212 1 in Politics & Government ➔ Law & Ethics
Not all the paperwork was filed before the deadline, and this was brought up on mybrother, however all the necessary ordered documents have now been filed with the court house prior to the hearing. Is he ok?
2006-07-23 08:51:04 · update #1
The clerk's office told him all the necessary documents were there and that they would put it in the court file.
2006-07-23 08:55:17 · update #2
An "order to show cause" is the court's way of telling you that it's going to make a decision, unless you novice it otherwise.
Contempt is the court's power to enforce its rulings and/or to punish for disregarding court authority.
Combining the two, an order to show cause for contempt would be the court saying it's been told someone is disobeying the court, and is offering the person a chance to present evidence that they are not disobeying the court before the court makes a decision. If the person can prove that they have obeyed the court order, it's very unlikely the court will find them in contempt.
2006-07-23 08:51:15 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Usually they issue the "Order to Show Cause" to get you into the courtroom to enforce the judgment. In this case filing all the proper documents. Being as that is done there is no reason for contempt and your brother should be okay. Make sure he shows up for the hearing though even though the paperwork is in order and go with him for moral support. The best way to avoid civil contempt is to follow the court order which according to you has been done. Good Luck!
2006-07-23 16:59:23 · answer #2 · answered by Big E 1 · 0⤊ 0⤋
You should call the clerk of the court and make sure all the paperwork has been completed to resolve the problem. If you can't confirm it, you'd better show up for the OSC hearing rather than have a new contempt citation for failure to do so. It shouldn't take more than a few minutes if the papers are in order. You have copies of everything, right? A receipt for any money paid? All the paperwork you need?
2006-07-23 15:52:43 · answer #3 · answered by auntb93again 7 · 0⤊ 0⤋
if its a court order you best comply, or they,
contempt can bring jail time and fines
2006-07-23 15:52:05 · answer #4 · answered by SPACEGUY 7 · 0⤊ 0⤋
OFF with their heads
2006-07-23 15:50:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋