How to Respond to a Petition for Rule to Show Cause

How to Respond to a Petition for Rule to Show Cause

Last updated: March 2008

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The steps involved in responding to a Petition for Rule to Show Cause are: Review the "Common Questions."Prepare your response to the Petition for Rule to Show Cause after reading the directions on how to complete it.Make sure you have all of the forms you will need to bring to court.File the response to the Petition for Rule to Show Cause.Go to court and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> What is a Petition for Rule to Show Cause?A Petition for Rule to Show Cause is used when one party believes that the other party (you) has violated a Court Order or Judgment. The Petition for Rule to Show Cause should list the part of the Order or Judgment that the other party thinks you have violated. It should also give some detail about what the other party thinks you did or did not do. ]]>What will happen to me if the judge decided that I did violate the Order or Judgment?A violation of a Court Order or Judgment is a serious matter. The punishment that you can get ranges from warnings, to fines, or even to sending you to jail.]]>When is my court date?When you got the Petition for Rule to Show Cause, you should have also received a Notice of Motion. The Notice of Motion tells you when the court date is. ]]>What should I do before my court date?Before the court date, you should decide if you want to represent yourself or to try to get a lawyer. You can search the "Helpful Organizations" section below to find free legal help. ]]>What if I can't get a lawyer before the court date?If you can't get a lawyer before the court date, you can go to court and ask for a "continuance" to try to get a lawyer. A "continuance" means that you are asking the court for more time. At the first court date, you can also ask for a specific amount of time to respond to the Petition for Rule to Show Cause. If the matter is very serious and you have very little money, you should tell the judge that you don't have money to pay a lawyer and ask the judge to appoint an attorney for you. In some instances, the judge may appoint an attorney to represent you. But, you should be prepared to represent yourself in the event the judge denies your request. The judge may suggest that you try to find a lawyer at one of the legal aid organizations in your area. If you have already tried, then you should tell the judge which organizations you have already contacted. ]]>Do I have to respond to a Petition for Rule to Show Cause?The judge may require that you file a written response to the Petition for Rule to Show Cause. Even if the judge does not require a written response from you, it may benefit you to file a written response. Your response will tell the court what you and the other party agree and disagree about. In your Response, you should deny any claim that you disagree with. If you ask the judge for a continuance so that you can file a written response to the Petition for Rule to Show Cause, the court usually will give you some time to file your response. ]]>How do I file my Response to the Petition?Take the original Response and 3 copies to the counter in the Clerk's Office for the County and Division where the case is pending. For example, if the case is pending in the Cook County Domestic Relations Division, take your documents to the counter for the Domestic Relations Division on the 8th floor of the Daley Center. If your case is pending in the Cook County Municipal Department, take your documents to the counter for the Municipal Department on the 6th floor of the Daley Center. Hand the original Response and 3 copies to the clerk. The clerk will stamp all copies, keep one and give the other three back to you. ]]>Do I have to send a copy of my Response to the other party?Yes. You must send one copy of your Response to the other party's lawyer. If the other party doesn't have a lawyer, you must send the copy of the Response directly to him or her. You should keep the last two copies for yourself. If your case is in Cook County and your assigned courtroom is at 32 West Randolph or at 555 West Harrison, Chicago, you should follow the same procedure outlined above, except that you will need to go to a different Clerk's Office. For cases pending at 32 West Randolph, you should go to the Clerk's Office in Room 200 at 28 North Clark, Chicago. For cases pending at 555 West Harrison, you should go to the Clerk's Office on the first floor at 555 West Harrison, Chicago. ]]>Can this case be resolved before a hearing?Depending on the situation, you may want to try to settle the case with the other party. Or, you can ask the judge if he or she will conduct a pretrial conference (a meeting before the hearing) to see if the matter can be resolved before a hearing. If the case is not settled by the parties, then the judge will schedule a hearing. ]]>What if we can't settle the case?Then the court will set a hearing date for both parties to go to court, give evidence, and argue their case. ]]>What will happen to me if the judge decided that I did violate the Order or Judgment?A violation of a Court Order or Judgment is a serious matter. The punishment that you can get ranges from warnings, to fines, or even to sending you to jail.]]>What will happen at the hearing?At the hearing, both you and the other party will have a change to present your case to the judge. If you did not obey all the terms of the court order, but you tried your best, or did not follow the order for a good reason, then you still should present evidence of your efforts to obey and ask the judge to take your efforts into consideration.After the hearing, the judge will decide if you violated the Court Order or Judgment. If you have violated the Court Order or Judgment the judge will also decide what punishment you should get. ]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>511index.cfm?fuseaction=home.dsp_content&contentID=511Response to Petition for Rule to Show Cause with Instructions512index.cfm?fuseaction=home.dsp_content&contentID=512Notice of Filing with Instructions6212index.cfm?fuseaction=home.dsp_content&contentID=6212Notice of Filing with Instructions6213index.cfm?fuseaction=home.dsp_content&contentID=6213Response to Petition for Rule to Show Cause with Instructions Following are step-by-step instructions to help you with your legal problem. You should print these steps and take them with you to use as a checklist.]]>Receive the Petition for Rule to Show Cause and the Notice of MotionYou have received the Petition because the other party believes you have violated a Court Order or Judgment.Make sure you got the Notice of Motion when you received the Petition. The Notice of Motion tells you the court date.]]>Decide if You Want to Represent Yourself or if You Want a LawyerIf you can't get a lawyer before the court date, you can ask for a "continuance" to try to get a lawyer. ]]>What to Do at the First Court DateYou can ask for a continuance so you can file your Response to the Petition. The court will usually give you some extra time to file your response.If you don't have money to spend on a lawyer, you should tell the judge and ask him or her to appoint an attorney for you.]]>Fill out Your FormsThe judge may require you to respond in writing to the Petition, but even if he or she does not require it, it may still be in your best interest to file.You can fill out the necessary forms in the "Forms/Letter" section:Response to Petition for Rule to Show CauseNotice of FilingThen make 3 copies of each form. ]]>File Your Response to the Petition for Rule to Show CauseTake the original Response and 3 copies to the counter in the Clerk's Office for the division where the case is pending.Give the original Response and the 3 copies to the clerk. He or she will stamp all copies, keep one, and give the other 3 back to you]]>Notify the Other PartyYou must send a copy of any forms that you file to the other party. Send one copy of your Response, along with the Notice of Filing, to the other party. Keep the last 2 copies for yourself.]]>What to Take to CourtA copy of the Judgment or Order that the other party claims you violatedThe Petition for Rule to Show Cause you received from the other partyThe Response to Petition for Rule to Show Cause that you filedThe Notice of Filing for the Response to Petition for Rule to Show Cause]]>Go to Court and Argue Your CaseGo to court on the hearing date. Dress like you would for an important business meeting. You should get to court about 15 minutes early. When you get to the courtroom, sign in with the clerk. The clerk will be sitting to the right of the judge. After you check in, sit in the back of the courtroom and wait for your case to be called. When your case is called, go to the front of the courtroom, state your name and that you are the defendant. Then you and the plaintiff will both have the opportunity to present your evidence and argue your case.]]>Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>2151index.cfm?fuseaction=home.dsp_content&contentID=2151Tips for Going to Court3152index.cfm?fuseaction=home.dsp_content&contentID=3152What Can I Do if I'm Being Sued but I Wasn't Notified of the Suit?5017index.cfm?fuseaction=home.dsp_content&contentID=5017How to Enforce a Divorce Judgment or Order5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs

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