Writing a motion for contempt?

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Latest post 10-07-2009 2:12 PM by babydoll3. 8 replies.
  • 09-28-2009 3:51 PM

    Writing a motion for contempt?

    Does anyone have any information about where i can go to find how to write a motion for contempt? Or a motion to change?

    Thanks

  • 09-28-2009 4:08 PM In reply to

    Re: Writing a motion for contempt?

    what state are you in, and what kind of contempt?

    in a motion for contempt you have to prove 3 facts.

    1. the party new of the court order

    2. the party had the abilty to carry out the order

    3. the party willfully disregarded the court order.

    if you can prove those three facts you have a chance of getting it granted.

     

     

  • 10-06-2009 1:51 PM In reply to

    Re: Writing a motion for contempt?

    I live in Mississippi. I can pretty but prove the the first 2. The thrid I am not so sure about.

    My ex has stated to me that he will NOT purchase an insurance policy on his life naming me at the trustee as ORDERED.

     He has NOT provided me with any proof of the policy (but was not ordered to show proof if he did purchase.) Can this be contempt? What if he purchased the policy and just refuses to give me the info? After all, he was not required to give me policy info. But whats the purpose of it all if I cant have the information?

  • 10-06-2009 2:19 PM In reply to

    Re: Writing a motion for contempt?

    Haven't you asked this before?   Nothing new is available ( motion to compel; motion for contempt)

  • 10-06-2009 3:44 PM In reply to

    Re: Writing a motion for contempt?

    No. But I have asked about something related to this topic before.

    This time I am inquiring&nbsp... any resources that will help me correctly write a motion. That was my original post. Just thought I would explain my situation before hand for posters who may be unfamiliar with why I an trying to learn to write a motion.

     

    Thanks.

  • 10-06-2009 4:10 PM In reply to

    Re: Writing a motion for contempt?

    A motion is just a document asking a court to do something.  For instance, an attorney here filed a motion to require the prosecution to use crayons during trial, because the defendant was very dangerous and defense counsel was ordered to have crayons.

    Court rules likely govern this.  For instance, in my state, in civil actions:

    • Rule 7(b)(1). Motions and other papers.
        An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor including the number of the applicable civil rule, if any, under which it is filed, and shall set forth the relief or order sought. A proposed form of order, if included, shall be a separate document.  The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

    However, there might be a different rule for show cause or contempt proceedings.

    As a basic rule, any request of the court to do something should state:

    • the jurisdiction of the court over the matter (statute or rule)
    • the problem (prior court hearings/orders, subsequent factual allegations, probably supported by an affidavit)
    • the remedy sought
    • request for hearing
  • 10-06-2009 9:25 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,250

    Re: Writing a motion for contempt?

    I think I know what you mean--but I never heard of one being "trustee" for a life insurance policy in this context.

    Please explain that.

     

    If somebody is ordered to do somehing that is not available  then "impossibility" could be a pretty good reason not to do it.   So how does one become trustee for a life insurance policy?



  • 10-07-2009 2:08 PM In reply to

    Re: Writing a motion for contempt?

    Basically, the judge ordered that my ex open a life insuance policy on his life naming our daughter as the sole beneficiary. In addition, I was to be named as the TRUSTEE on this policy. In the event of his death, I would be in charge of the funds and our child would benefit. She would still be taken care of. He would just need to specify on his policy that I am the TRUSTEE of the money in the event of his demise. At the moment his mother is the trustee of his policy. He needs to either change that or open another policy.

    This is not "impossible."  Its is done all the time. He just refuses to comply because I wont name him on my policy. The judge ordered him, not me.

    But what I have planned to do is go back to court and file a motion to have this amendend so that I am the OWNER of the poliy and he is the PAYOR. This will establish a relationship between myself and the insurance company so that if the policy laps' I will be notified. Glad we are going before the same judge.

    Hope that makes sense.

    Thanks

  • 10-07-2009 2:12 PM In reply to

    Re: Writing a motion for contempt?

    Wow. Thats a lot. But I think I understand. I just have to get the format right. I was told that some courts throw motions out if they are not in the correct format. I have been looking for exmples online. I am trying to avoiding having to hire my attorney again for this. Sounds like my motion may be MOTION TO AMEND. I would hate to file a MOTION FOR CONTEMPT  and then he comes to court with the policy just refusing to provide me with the info. He wasnt ordered to give me the info. So I guess that would not be contempt.

     

    Thanks.

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