What documents are appropriate for OSC

[daffan]

What is the name of your state? California

I am not an attorney. i am a plaintiff in pro per.

I am filing an OSC for contempt in LA Superior Court. I am having a bit of trouble discerning what are the appropriate documents to include.

I know I need to include a declaration (under penalty or perjury) or an affidavit along with an Order to Show Cause.

But when reading California Pleading Practice (or whatever it is called), the sample is very simple and very finite (not making any arguments-just declarations).

I have read conflicting info. Some articles say Attorneys and sometimes courts generally do not understand the process of OSC. That you DO NOT include statements and declarations (except for the one cited above). Other times I read you need to make your case in writing. I am totally confused.

Here's what I would like to do and would appreciate any help in corrections or whatever.

I would like to include the above clearly stated needed documents per California law. But I would also like to include my arguments. Both stating the progression of events that would justify my request and perhaps/maybe/absolutely case law or such.

What am I allowed to include when an OSC is filed and what SHOULD I include if I am being smart. California rules are a bit frustrating to me.

Essentially I'd like to make my argument via documents if possible and certainly have no problem with oral if they are allowed. Would you make the argument via Memorandums or additional decalrations?

What would YOU include as far as filing documents if you wanted an OSC for contempt?

Please note this is not family law..it is a civil case.

Also, another confusing point... do need to send the defendant a notice of application for OSC? Or do I just send them a notice once I have applied?


Thanks ahead of time.

 

[seniorjudge]

What part of the judgment in the lawsuit are you claiming the respondent is in contempt of?

 

[daffan]

Contempt for not obeying court order to answer interrogatories. Truth is they arein contempt of every court order and court procedure thus far.

Update: I have already written and received signed from the judge the OSC. Now I am trying to write a proper notice to the opposing side. Do i need to tell them their rights, ie right to have an attorney ? If so, where is a good example of this? Looking the library and on the web but so far nothing clear.

thanks