How do I file an Order to Show Cause in Nassau County?

- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.

What is civil contempt?

Civil contempt refers to the wilful disobedience of an order of any court. Criminal contempt includes any act or publication which: (i) 'scandalises' the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.

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USLegal Pamphlet on Contempt of Court

Nassau New York USLegal Pamphlet on Contempt of Court

Name: Nassau New York USLegal Pamphlet on Contempt of Court
Brand: US Legal Forms
Rating: 4.79 (414 reviews)

Category:

Civil Procedure - Contempt

State:

Multi-State

County:

Nassau

Control #:

US-PMPH-03

Format:

Instant download

Description

This pamphlet provides an overview on the contempt process, both in civil and criminal matters. Specific detail is provided on how contempt motions are filed and dealt with in a divorce case.

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FAQ

File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.

Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.

Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.

1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty , may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.

Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.

Civil contempt refers to the wilful disobedience of an order of any court. Criminal contempt includes any act or publication which: (i) 'scandalises' the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.

Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.

Nassau New York USLegal Pamphlet on Contempt of Court

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