Legal Motion to Show Cause

LEGAL MOTION TO SHOW CAUSE

Court Name:   County:   Case No.:

Movant:   Respondent:

RECITALS

WHEREAS, Movant asserts that on a court order, judgment, or other mandatory directive was entered requiring Respondent to perform specified acts or to refrain from specified conduct;

WHEREAS, Movant alleges that Respondent has failed to comply with the material terms of the underlying order, as described in the Statement of Facts below, and that such noncompliance justifies an order to show cause and appropriate relief, including but not limited to contempt, coercive sanctions, or specific performance;

WHEREAS, Movant requests that the Court issue an order to show cause directing Respondent to appear and explain why the Court should not grant the relief requested by Movant.

NOW, THEREFORE, Movant respectfully moves the Court for an order to show cause and states as follows:

1. JURISDICTION AND VENUE

This Court has jurisdiction to hear this Motion to Show Cause and to grant the relief requested pursuant to the Court's inherent powers and the applicable statutes and rules. Venue is proper in this Court because the underlying order was entered in this Court and the acts or omissions giving rise to this motion occurred within this jurisdiction.

2. STATEMENT OF FACTS

Specifically, Movant alleges that Respondent failed to comply with the following material provision(s) of the order entered on :

3. GROUNDS FOR RELIEF

Movant seeks relief on the grounds that Respondent's failure to comply constitutes contempt of court and/or violation of a lawful court order. Movant will establish that (a) a lawful order existed; (b) Movant complied with the order or was excused from performance; (c) Respondent had knowledge of the order; and (d) Respondent willfully and materially failed to comply.

4. LEGAL ARGUMENT

Movant relies on the Court's authority to enforce compliance by means that may include civil contempt, compensatory sanctions, coercive incarceration, attorneys' fees, costs, and specific performance tailored to secure compliance with the underlying order.

5. EVIDENCE AND SUPPORTING DOCUMENTS

  Declaration of Movant or witness describing the facts and attaching supporting exhibits.

  Copies of the underlying order, notices, correspondence, and other documentary evidence supporting the asserted violations.

  Other:

6. RELIEF REQUESTED

Wherefore, Movant requests that the Court enter an order to show cause and grant the following relief:

1. Set a hearing at the earliest practicable date for Respondent to appear and show cause why sanctions should not be imposed;
2. Find Respondent in contempt for failure to comply with the order dated and impose appropriate civil sanctions;
3. Order specific performance or other equitable relief necessary to effectuate the underlying order;
4. Award reasonable attorneys' fees and costs incurred in bringing this Motion in the sum of $, together with post-judgment interest as allowed by law;
5. Grant such other and further relief as the Court deems just and proper.

7. PROPOSED ORDER

8. NOTICE

Movant certifies that on notice of this Motion and all supporting documents were provided to counsel for Respondent and all interested parties by the following method(s):

  Mail    Hand Delivery    Electronic Service

9. DECLARATION AND VERIFICATION

I, the undersigned Movant or Movant's counsel, declare under penalty of perjury under the laws of the jurisdiction in which this Court sits that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on at .

10. MISCELLANEOUS PROVISIONS

Governing Law. This Motion and any order entered in connection with it shall be governed by the laws of the state or jurisdiction in which this Court sits.

Entire Agreement. This Motion, the underlying order, and any attachments constitute the entire statement of Movant's claims for the relief sought herein with respect to the subject matter of this Motion.

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

Amendments and Waiver. Any amendment to or waiver of any provision of this Motion must be in writing and signed by the party against whom enforcement is sought. The failure of any party to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

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