Terminology Question

[CJane]

What is the name of your state? MO (though perhaps not relevant)

As many of you know, I'm preparing to FINALLY file a contempt action against my ex. I'm a little confused though, and since the local court rules are currently unavailable to me (being reprinted) I'm hoping something can be cleared up...

I've put together what I have titled a "Motion for a finding of contempt of court"

Is that the right title? Does it REALLY matter?

What is an "Order to show cause"? Is THAT what I should be filing?

I have everything very well prepared, and I'm stuck on this one thing.

 

[Whyte Noise]

The title you have is fine, or it could simply be called a "Motion for Contempt". The Missouri Courts aren't really that much of a stickler when it comes to things like that, heck they've had handwritten filings on napkins (I've seen them on display at the courthouse) filed, and still proceeded. When I filed for custody mod, I filed the Motion to Modify Custody, Form 14, Parenting Plan, and Consent Order. The only the the judge did was hand write "Judgment and" on the document titled "Consent Order" before he signed it. It's still a valid order.

An Order to Show Cause is basically an actual court order... ordering the person to come to court and "show cause" (give reasons) why they shouldn't be made to do things asked for in the original filing.

File both.

You're asking for contempt in your motion. The Order to Show Cause will also be sent to him ordering him to appear on X date and show why he shouldn't be held in contempt of the court order.

(And if that doesn't help, let me know and I can call my Missouri court clerk tomorrow and find out for sure.)

 

[CJane]

An Order to Show Cause is basically an actual court order... ordering the person to come to court and "show cause" (give reasons) why they shouldn't be made to do things asked for in the original filing.

File both.

(And if that doesn't help, let me know and I can call my Missouri court clerk tomorrow and find out for sure.)

Can you help me out with the verbiage for the Show Cause? I've never seen one... and like I said, the local rules are out of my grasp for the near future.

 

[Whyte Noise]

That would be practicing law without a license.

 

[CJane]

That would be practicing law without a license.

Perish the thought! A link would suffice - I googled, but haven't found anything helpful yet (though I'll admit to not trying terribly hard)

 

[waitinMd]

I have a show cause oder for Maryland, I can't remember when it was issued.

Anyway it says: Show Cause Order

Upon the foregoing Amended Petition to Cite Plaintiff in Contempt, the same having been read and considered, It is this _____ day of _________________, 2006, by the Circuit court for XX county.

Ordered, that the plaintiff Ms. X, be and she is herby Ordered to show cause on or before _________, 2006, why the relief requested in the Amended Petition not be granted, provided however that a copy of this Order and a copy of the Amended Petition be served on the counsel for the Plaintiff on or before _________ 2006.

________________ Judge

 

[LdiJ]

What is the name of your state? MO (though perhaps not relevant)

As many of you know, I'm preparing to FINALLY file a contempt action against my ex. I'm a little confused though, and since the local court rules are currently unavailable to me (being reprinted) I'm hoping something can be cleared up...

I've put together what I have titled a "Motion for a finding of contempt of court"

Is that the right title? Does it REALLY matter?

What is an "Order to show cause"? Is THAT what I should be filing?

I have everything very well prepared, and I'm stuck on this one thing.

Personally, I think that is fine. I just looked at the mo.gov website and there isn't a standard "show cause" form available, therefore I don't think its a necessity.

 

[CJane]

Personally, I think that is fine. I just looked at the mo.gov website and there isn't a standard "show cause" form available, therefore I don't think its a necessity.

Yeah, the mo.gov website is fairly useless for family court stuff - some counties (mine included) don't even HAVE 'family court'. The missouri court's website is unhelpful as well. I think I'll follow WN's advice and hand write in on a napkin.

Edited to add:

Thanks for all the responses - most helpful.