I am put in dark

[yangb]

What is the name of your state (only U.S. law)? FL

I received “order to show cause” from the court accusing me of failing to follow a court order imposing monetary sanctions and asked me to personally appear before the judge. It is a civil case. However, my attorney never informed me of these sanctions or earlier court order and I was in dark until now. Please let me know
(i). what is the meaning of “order to show cause”
(ii). What usually happens once I am before the judge (I am not asking about my specific case but in general)
(iii). Do I need to (or is it advisable to ) prepare a written response to the “order to show cause” and submit it to the court well in advance of my presence date in the court so that the judge can read it. If so, do I need to send the same copy to the Plaintiff?
(iv). Can I mention in my written response (or during my presence in the court) on what has happened to me from my attorney and ask for an apology.
(v). Who needs to pay the monetary sanctions (I or my attorney).
(vi). What legal options can I take on my attorney for putting me in dark in these matters? Can I ask for reimbursement of the money, if any, I paid to the plaintiffs (in case I need to pay the money for monetary sanctions)
(vii). How to proceed further on this matter if my attorney still do not respond to me? Can I prepare and submit a response on my own, stating that my attorney is not available?
(viii) Is there anything I can do to convince the judge that I am not at fault and it is due to my attorney’s negligence and lack of communication? For example, tell the judge that this was my attorney’s fault and I will be dropping him immediately and will be very prompt from now onwards.

Yang

 

[quincy]

What is the name of your state (only U.S. law)? FL

I received �order to show cause� from the court accusing me of failing to follow a court order imposing monetary sanctions and asked me to personally appear before the judge. It is a civil case. However, my attorney never informed me of these sanctions or earlier court order and I was in dark until now.

Here is a link to the Florida Bar Association, with an overview of the attorney discipline system and what to do if your attorney fails to represent you properly in a case: http://www.floridabar.org/attorneydiscipline

There is rarely a good reason for an attorney not informing a client about an important court appearance or an important court order.

Please let me know
(i). what is the meaning of �order to show cause�

It is an order from the court that tells you to appear before the court to explain the reason or reasons why the court should not take a proposed action against you (e.g., sanctions should not be executed). You failed to do something that you were supposed to do, which is the reason behind the order.

(ii). What usually happens once I am before the judge (I am not asking about my specific case but in general)

What happens in a show cause hearing is that the one ordered to appear before the judge appears and presents to the court good reasons why the court should not take the action against that person that has been proposed (e.g., why sanctions should not be executed). You need to provide good reasons why you failed to do what you were supposed to do.

(iii). Do I need to (or is it advisable to ) prepare a written response to the �order to show cause� and submit it to the court well in advance of my presence date in the court so that the judge can read it. If so, do I need to send the same copy to the Plaintiff?

You can file an answer. You will be explaining your reasons orally to the court.

(iv). Can I mention in my written response (or during my presence in the court) on what has happened to me from my attorney and ask for an apology.

Yes.

(v). Who needs to pay the monetary sanctions (I or my attorney).

If you were named on the show cause order, you are the one who would be ordered to pay monetary sanctions.

(vi). What legal options can I take on my attorney for putting me in dark in these matters? Can I ask for reimbursement of the money, if any, I paid to the plaintiffs (in case I need to pay the money for monetary sanctions)

Refer to the link I provided above, which answers these questions.

(vii). How to proceed further on this matter if my attorney still do not respond to me? Can I prepare and submit a response on my own, stating that my attorney is not available?

You can fire your current attorney and hire a new attorney to take over the case for you. When you hire a new attorney, this new attorney can handle the contact with your fired attorney and any responses to the court. This is assuming the court allows your attorney to leave the case at this point in time.

(viii) Is there anything I can do to convince the judge that I am not at fault and it is due to my attorney�s negligence and lack of communication? For example, tell the judge that this was my attorney�s fault and I will be dropping him immediately and will be very prompt from now onwards. ...

Yes, you can convince the judge that the fault lies with your attorney by presenting good evidence that the fault lies with your attorney.

I recommend you consult with another attorney in your area of Florida to handle this. You sound overwhelmed and confused (with is understandable).

Good luck, yangb.

 

[yangb]

I appreciate Quincy all your details.

For the answer:
>> You can file an answer. You will be explaining your reasons orally to the court.

Do I need to notarize the answer. Do I need to send the answer to the court as well as to the Plaintiff. How late I can submit the answer (for example a week or 10 days prior to my court appearance date) to the court/Plaintiff.


I have few more doubts:

(i). Without firing my attorney (I suspect that my attorney got all his fee from me and he prefers to get fired now), is it legal to ask the Plaintiff to send all communications directly to me, stating that I represent myself (or any other reason I can provide)?

(ii). Without firing my attorney can I still submit the answers to the court/Plaintiff on my now?

My goal is to leave a window to my attorney so that if my attorney responds in the future, I can avail his services because I am not in a position to hire another attorney.

However if you say that without firing my attorney, I cannot represent myself (and should not submit the response on my own) then I have no choice but to fire him first. In that case, do you think the court allows my attorney to leave the case at this point in time (that is, do you think, I can fire my attorney at this point in time)

 

[quincy]

I appreciate Quincy all your details.

For the answer:
>> You can file an answer. You will be explaining your reasons orally to the court.

Do I need to notarize the answer. Do I need to send the answer to the court as well as to the Plaintiff. How late I can submit the answer (for example a week or 10 days prior to my court appearance date) to the court/Plaintiff.


I have few more doubts:

(i). Without firing my attorney (I suspect that my attorney got all his fee from me and he prefers to get fired now), is it legal to ask the Plaintiff to send all communications directly to me, stating that I represent myself (or any other reason I can provide)?

(ii). Without firing my attorney can I still submit the answers to the court/Plaintiff on my now?

My goal is to leave a window to my attorney so that if my attorney responds in the future, I can avail his services because I am not in a position to hire another attorney.

However if you say that without firing my attorney, I cannot represent myself (and should not submit the response on my own) then I have no choice but to fire him first. In that case, do you think the court allows my attorney to leave the case at this point in time (that is, do you think, I can fire my attorney at this point in time)

Because of the nature of your additional questions, yangb, I am going to recommend you seek out the help of another attorney in your area. A personal review seems necessary. Perhaps there is a free or low-cost legal aid clinic in your area of Florida, where you can get this assistance. Visit http://www.floridabar.org or http://floridalawhelp.org for resources in your area.

I wish you good luck.

 

[yangb]

I once again appreciate Quincy for the links and information.

 

[latigo]

So, you propose to respond to the OSC by claiming that your attorney failed to inform you that intentional disobedience to a court order could result in the court imposing sanctions. And that if any such are imposed they should be suffered by your attorney?

Capitol thought! I'm sure that the judge will consider you justly purged of contempt. He might even spring for lunch. (Just avoid ordering the courthouse cafeteria's "tuna delight". Its made of dead fish.)

But THEN . . . what if the judge sentences you to spend the weekend as a guest of the sheriff. Your lawyer might balk at sitting in for your.

Also, you don't need to trouble to tell me what this OSC concerns. I've already figured that. You decision to be "more prompt" in the future was a revealing clue, pop.

 

[quincy]

I once again appreciate Quincy for the links and information.

You're welcome, yangb.

Most people rely on their attorneys to handle all correspondence from the other party and from the court, and to keep them informed of these communications. It is very possible that your attorney failed you in this respect, which is why I think a personal review could be important.

I hope you are able to find an attorney in your area who can review the facts, and who will help you with the show cause order, and who will then work with you to get your case back on track.

Good luck.

 

[yangb]

Thanks Quincy for your information.

 

[quincy]

Thanks Quincy for your information.

You're welcome. Thank you for the thanks.

 

[yangb]

I found a legal aid clinic, many thanks. I will meet them in the next few days.

I have few more questions in general about show cause hearing and I wish to educate myself.

(i). Can the opposing council (OC, who filed the show cause) present during hearing of the show cause?

(ii). During the hearing, can OC ask the defendant any questions or the Judge will only ask the defendant any questions?

(iii). Apart from giving answers, can the defendant produce any evidence?

(iv). What are the main differences between the final hearing of a case (where there is no jury) vs. show cause hearing, in terms of how the process goes?

(v). Can the defendant bring any witnesses with her to testify something?

(vi). is it possible for any party to bring a computer to show their evidences electronically?

 

[quincy]

I found a legal aid clinic, many thanks. I will meet them in the next few days.

I have few more questions in general about show cause hearing and I wish to educate myself.

(i). Can the opposing council (OC, who filed the show cause) present during hearing of the show cause?

(ii). During the hearing, can OC ask the defendant any questions or the Judge will only ask the defendant any questions?

(iii). Apart from giving answers, can the defendant produce any evidence?

(iv). What are the main differences between the final hearing of a case (where there is no jury) vs. show cause hearing, in terms of how the process goes?

(v). Can the defendant bring any witnesses with her to testify something?

(vi). is it possible for any party to bring a computer to show their evidences electronically?

For the show cause hearings I am familiar with in Michigan, the answers to all of your questions (except iv) would be yes, although a lot depends on the judge - and if you wish to bring electronic devices into a court in Michigan, you generally must have the court's permission in advance. I am not sure if this is true for Florida but it wouldn't hurt to inquire of the court clerk about electronic devices.

A show cause hearing is generally more informal than the court hearings you might be used to. They are often heard in a room other than the courtroom (sometimes in the judge's chamber). But, even though more informal, you should still dress professionally (no tee shirts or jeans or baseball caps) and you should not smell like smoke or heavy cologne or body odor.

You will want to bring with you any documents or witnesses (or their sworn statements) or other evidence you have that can support the reasons you listed in your response to the Order on why you failed to do whatever it was you were supposed to do. It will generally be the judge who asks the questions and you will answer them.

Depending on what sort of civil action we are talking about here, the court could grant you additional time to comply, the court could grant the relief sought by the other party, the court could order you to pay X amount of dollars, the court could order you to pay fines or spend X number of days in jail ... it really depends on the particulars of your situation.

Again, what I have written applies to most Michigan show cause hearings and Florida, or the court in Florida where you have been ordered to appear, may handle show cause hearings differently.

That is just one reason why it is good that you will be speaking with an attorney at a legal aid clinic in your area. And you should do this soon. You have a limited amount of time to address the show cause and you do not want to miss any dates or deadlines.

Good luck, yangb.

 

[yangb]

Thanks Quincy for your detailed information.

I am talking about show cause and its hearing in general (not about my case in specific) and I have few more questions (please let me know your response in general: not about my show cause in specific):

(i). A Show Cause Order will be issued because the OC has presented some evidences or arguments to the judge and the judge found that there is some reasonable merit hence he/she issued the show cause. Now it is time for the defendant (during hearing) to convince the judge that she (defendant) is not fault and the OC arguments are false or questionable at best. Is it correct?

(ii). Can the OC interrogate or ask any questions directly to the defendant during hearing (in the way it happens in a deposition) and vice versa?

(iii). During hearing, can the OC presents more evidences/arguments (through the judge or directly) to counter the evidences/arguments that the defendant presents (like in a deposition, where more questions can be asked based on your response to previous question) OR the OC has no more chance (than what OC has already presented to the Judge) to provide further arguments/evidences during the hearing to counter the defendant?

(iv). How long the hearing may continue at the maximum (several hours or up to a day with lunch break in between or more than one day?). Does the judge give enough time to defendant to explain all her arguments?

(v). If the defendant has hundreds of evidences and pages of arguments then it is almost impossible to prepare a reasonable and professional written answer and submit it to the court before (or during) the hearing. Therefore, rather than submitting a written response to the court, if simply present those arguments/evidences during hearing then by doing this, whether the defendant is weakening/damaging her in any way?

(vi). Apart from answering the judge, can the defendant present any evidence or talk anything related to the lawsuit in general (but not related to the show cause in specific), to attack the credibility of the whole lawsuit/OC? So, what and what not the defendant can present/talk during the show cause hearing?

(vii). Finally, if a charge/accusation in the show cause is dismissed (once the judge is convinced with defendant’s arguments/evidences), can the OC raise the same charge/accusation any time later on in the lawsuit?

 

[quincy]

Thanks Quincy for your detailed information.

I am talking about show cause and its hearing in general (not about my case in specific) and I have few more questions (please let me know your response in general: not about my show cause in specific): ...

The show cause hearing is to address the subject of the show cause order. The hearing is used by the judge to hear and consider your arguments against the granting of the relief requested by the other party.

For example, if you were supposed to provide certain documents as part of a discovery request and you failed to supply them, the judge can compel production. If you have good reasons for not providing the documents (e.g., the discovery request was overly broad, the material requested is privileged), the show cause hearing gives you the opportunity to argue why you should not have to produce the documents.

The answers to the rest of your questions are dependent on the reasons behind the show cause order and your specific judge and court.

Again, you need to seek out the help of the attorney(s) at the legal aid clinic to assist you with the order, or hire another attorney to assist you. You really should not concern yourself with show cause hearings "in general." You need to concentrate on and prepare for your own show cause order and the hearing that is approaching rapidly.

Good luck, yangb.

 

[yangb]

Again, thanks Quincy for your detailed information.

 

[quincy]

Again, thanks Quincy for your detailed information.

You're welcome, yangb. Good luck.