Legal Motion for Contempt

LEGAL MOTION FOR CONTEMPT

Court Name:    Case No.:    Judge:

Moving Party:    v.    Respondent:

RECITALS

WHEREAS, on the Court entered a written order entitled "" (the "Order"), which required Respondent to: .

WHEREAS, Moving Party alleges that Respondent has failed to comply with the Order by: .

WHEREAS, Moving Party seeks the Court's entry of an order finding Respondent in contempt and awarding all relief authorized by law, including sanctions, costs, and attorney fees.

NOW, THEREFORE

Moving Party hereby moves the Court for an order finding Respondent in contempt of court and for such sanctions and relief as set forth below, and in support of this Motion avers as follows:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction to adjudicate contempt proceedings under the laws and rules applicable to the Court and the inherent authority to enforce its orders. Venue is proper in this Court because: .

2. STATEMENT OF FACTS

2.1 On Moving Party and Respondent appeared before the Court in this matter and the Court issued the Order described above.

2.2 Following entry of the Order, Respondent engaged in the following conduct that violates the clear and specific directives of the Order:

2.3 Moving Party has provided notice to Respondent of the alleged noncompliance on: by the following method(s): Email    First-class mail    Personal service

3. GROUNDS FOR CONTEMPT

3.1 The elements of civil contempt are: (a) the existence of a lawful and reasonably specific court order; (b) knowledge of the order by the Respondent; and (c) a failure to comply with the order. Moving Party alleges that each element is satisfied for the reasons set forth herein.

3.2 Specific violations include, without limitation:

4. LEGAL STANDARD

4.1 A civil contempt sanction may be imposed to coerce obedience to a court order or to compensate the moving party for losses caused by noncompliance. The Court may impose coercive sanctions (including incarceration until compliance) or compensatory sanctions (including fines, attorney fees, and costs) as appropriate. Moving Party requests relief tailored to the nature and severity of the noncompliance.

5. RELIEF REQUESTED

WHEREFORE, Moving Party respectfully requests that the Court enter an order as follows:

1. Find Respondent in civil contempt of the Order;
2. Order Respondent to comply with the Order by: and to take the actions described: ;
3. Assess coercive or compensatory sanctions in the amount of: $, or such other amount as the Court deems appropriate;
4. Award Moving Party reasonable attorney fees and costs incurred in bringing this Motion in an amount to be proven at hearing: $;
5. Grant such other and further relief as the Court deems just and proper.

6. REQUEST FOR HEARING

Moving Party requests that the Court set this Motion for a hearing and, if appropriate, issue an order to show cause directing Respondent to appear and explain why Respondent should not be held in contempt.

7. NOTICE

All notices and communications concerning this Motion should be served on counsel for Moving Party at the following address:

8. VERIFICATION AND CERTIFICATION

I declare under penalty of perjury under the laws of the jurisdiction of this Court that the foregoing is true and correct to the best of my knowledge, information, and belief.

9. CERTIFICATE OF SERVICE

I certify that on I served a true and correct copy of this Motion for Contempt by:

to the following parties and addresses:

GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law: The interpretation and enforcement of this Motion shall be governed by the substantive and procedural law applicable in the jurisdiction of the Court hearing this matter.

Entire Agreement: This Motion contains the complete statement of the Moving Party's request for relief under the matters herein and supersedes all prior oral or written statements by the Moving Party concerning this Motion.

Severability: If any provision of this Motion is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Amendments and Waiver: Any amendment to this Motion must be in writing. No waiver of any provision is effective unless in writing and signed by the party against whom the waiver is asserted.

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