Legal Contempt Declaration

LEGAL CONTEMPT DECLARATION

This Legal Contempt Declaration is submitted by Declarant Name: against Respondent Name: in the action pending before Court: , Case No.:

RECITALS

WHEREAS, Declarant, identified above as Declarant Name: is a party to the above-captioned proceeding and has standing to seek enforcement of the court's orders; and

WHEREAS, on the Court issued an order titled requiring Respondent to ;

WHEREAS, Respondent has willfully failed to comply with the order as set forth below despite reasonable notice and opportunity to comply.

NOW THEREFORE, Declarant respectfully states the following under penalty of perjury and requests that the Court take appropriate remedial action.

1. STATEMENT OF FACTS

The following is a concise statement of facts demonstrating Respondent's noncompliance and the basis for a finding of contempt:

Date(s) of occurrence:    Location(s):

2. GROUNDS FOR CONTEMPT

Declarant alleges that Respondent's conduct constitutes contempt for the following reasons (check all that apply and provide supporting detail):

Civil contempt (failure to comply with a civil court order, warranting coercive or compensatory relief)
Criminal contempt (conduct intended to defy or obstruct the administration of justice, warranting punitive sanction)

3. EVIDENCE AND SUPPORTING DOCUMENTS

4. RELIEF REQUESTED

Declarant respectfully requests that the Court enter an order granting the following relief (select applicable remedies and provide amounts where required):

Order of incarceration until Respondent complies with the Court's order
Monetary fine or civil penalty in the amount of $ ;
Purge condition enabling Respondent to avoid sanction by performing specified acts (describe below)

Award of attorneys' fees and costs incurred in bringing this contempt proceeding in the amount of $

5. CERTIFICATION

I, Declarant Name: , declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge and belief, and that the documents attached and identified as exhibits are true and authentic copies of the originals.

6. NOTICES

Notices required by this Declaration shall be in writing and delivered to the service addresses provided above, and shall be deemed received upon personal delivery or three (3) days after deposit in the United States mail, postage prepaid.

7. AMENDMENT AND WAIVER

No amendment or waiver of any provision of this Declaration shall be valid unless in writing and signed by Declarant and Respondent. Failure to enforce any provision shall not constitute a waiver of future enforcement.

8. COUNTERPARTS

This Declaration may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

9. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

Governing Law: This Declaration shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Severability: If any provision of this Declaration is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: This Declaration, together with any exhibits referenced herein, constitutes the entire statement of the matters set forth and supersedes all prior statements and agreements related to the subject matter herein.

10. SIGNATURES

The undersigned declare under penalty of perjury that the foregoing statements are true and correct and that they are authorized to submit this Declaration.

Sign Now