sample motion for order to show cause florida

Lemon

2 min read

·

02-02-2025

1

0

Share

This sample motion for order to show cause in Florida is for informational purposes only and should not be considered legal advice. You should always consult with a qualified Florida attorney to address your specific legal situation. The laws and procedures governing motions are complex and can vary depending on the specific court and case.

IN THE CIRCUIT COURT OF THE [COUNTY NAME] JUDICIAL CIRCUIT, IN AND FOR [COUNTY NAME] COUNTY, FLORIDA

Case No.: [Case Number]

[Plaintiff's Name], ) ) Plaintiff, ) ) vs. ) MOTION FOR ORDER TO SHOW CAUSE ) [Defendant's Name], ) ) Defendant. )

COMES NOW, the [Plaintiff/Defendant], by and through undersigned counsel, and hereby moves this Honorable Court for an Order to Show Cause why [Defendant/Plaintiff] should not be held in contempt of Court for failing to [Clearly state the violation – be specific. Example: comply with the Court’s Order dated [Date of Order] requiring payment of child support in the amount of $[Amount], or comply with the previously entered injunction prohibiting contact with the Plaintiff].

I. INTRODUCTION

This Motion seeks an Order to Show Cause compelling [Defendant/Plaintiff] to appear before this Court to explain their non-compliance with [Court Order/Injunction/Statute – specify the legal basis for the motion]. [Defendant/Plaintiff]'s actions constitute a willful and deliberate disregard for this Court's authority and have prejudiced the [Plaintiff/Defendant].

II. FACTUAL BACKGROUND

[Clearly and concisely state the facts supporting the motion. This section should include specific dates, times, actions, and evidence. Examples:

• A copy of the original order that was violated.
• Documentation demonstrating non-compliance (e.g., bank statements, emails, witness statements).
• Explain how the violation harmed the moving party.]

III. ARGUMENT

[Defendant/Plaintiff]'s failure to [State the violation] constitutes a clear violation of [Court Order/Injunction/Statute – cite the relevant legal authority]. The deliberate nature of this violation is evidenced by [Provide specific evidence. Example: the defendant's repeated failure to respond to communications, the defendant's admission of non-compliance, etc.]. This disregard for the Court's orders warrants the issuance of an Order to Show Cause.

IV. RELIEF REQUESTED

WHEREFORE, the [Plaintiff/Defendant] respectfully requests that this Honorable Court enter an Order to Show Cause compelling [Defendant/Plaintiff] to appear before this Court on [Date] at [Time] to explain their failure to comply with [Court Order/Injunction/Statute] and to show cause why they should not be held in contempt of Court. The [Plaintiff/Defendant] further requests such other and further relief as the Court deems just and equitable.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Order to Show Cause has been furnished this [Date] by [Method of Service: e.g., email, U.S. Mail, hand delivery] to:

[Name of Opposing Counsel] [Address of Opposing Counsel] [Phone Number of Opposing Counsel] [Email Address of Opposing Counsel]

[Attorney's Name] [Attorney's Bar Number] [Law Firm Name] [Law Firm Address] [Law Firm Phone Number] [Law Firm Email Address]

Remember: This is a sample motion and needs to be tailored to your specific situation. It's crucial to consult with a Florida attorney for legal guidance before filing any court documents. Incorrectly filed motions can have serious consequences.