Court & Hearings

A Petition (noun) A written request to a court (verb) To request from a court for Rule to Show Cause A petition used when one party believes the other party has violated a court order or judgment may be used by a person who says that another person has not followed a court order or judgment. An official decision by a court that ends the dispute between parties

The petition will:

• Say which order or judgment has not been followed, and
• Explain what the petitioner A person who makes a written request to a court thinks the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. did or did not do.

A violation of a court order is a serious matter. The punishment can range from warnings to fines, and even jail.

If you received a Petition for Rule to Show Cause

If you got a Petition for Rule to Show Cause, you also should receive a Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. . The Notice of Motion tells you the court date, time, and location.

Before the court date, you should decide if you want to get a lawyer. Someone who represents clients in courts or who gives legal advice Most judges typically recommend that you get a lawyer. If you can't get a lawyer before the court date, you can go to court and ask for a continuance When the judge gives additional preparation time before or during a trial to try to get a lawyer.  

A continuance means you are asking the court for more time. If you have very little money, tell the judge that you don't have money to pay a lawyer, and ask the judge to appoint a lawyer for you. The judge may ask for additional information about your finances. 

The judge may appoint a lawyer to help you. If the judge denies your request, you should be prepared to represent yourself. The judge may suggest that you try to find a lawyer at a legal aid program in your area. If you have already tried, then tell the judge which program you have already contacted.

Responding in writing

The judge may require you to file a written response A formal written answer to the plaintiff or petitioner's written statement to the Petition for Rule to Show Cause. 

Even if the judge does not require a written response from you, it may help your case to file one. Explain in your response why you think you did not violate the court order.

If you did violate the court order, your response should explain why the violation was not on purpose. If you are now following the order, then put that in your response, too.

If the petition makes statements that are false, your response should explain why the petition is false.

If you ask the judge for a continuance to file a written response, the court may give you extra time to write your response.

Filing your written response

File your written response with the circuit court clerk in the county where the petition was filed. The Notice of Motion attached to the petition will tell you the name and address of the courthouse where the case is pending. 

You will need to electronically file ("e-file") them unless you have an exemption.

Send a copy of your response to the petitioner

You must send your response to the other party's address listed on the petition. If the other party has a lawyer, you must send a copy of the response to the lawyer.

Settling the case before the hearing

Depending on the situation, you may want to try to settle To resolve a case before finishing a trial the case with the other party. You can also ask the judge if they will do a pretrial conference to see if the matter can be resolved before a hearing.

For example, you can suggest a payment plan to get caught up on outstanding child support Money paid by a parent to help another parent support a minor child or an adult child with a disability or the financial payment owed. You can also ask for changes to be made to the original order so that you can try to meet the requirements and comply with the order. You will want to explain why you cannot comply with the existing order. For example, your work schedule may make it hard, or you may have trouble getting transportation.

If the case is not settled, the judge will hold a hearing. 

At the hearing

You have the right to represent yourself in court, but you must follow court rules and procedures. Most courthouse staff cannot give legal advice. This means they cannot tell you what to do, evaluate your chances of success, or help you present your case to the judge.

You should know basic information about your case. Most of it appears on your court papers, including: 

• Plaintiff’s A person or party that starts a lawsuit or petitioner’s name
• Defendant’s The person or organization being sued in a lawsuit or respondent’s A person who has a petition filed against them name
• Case number A number assigned to a case that is on every paper filed in the case
• Judicial circuit
• County Division 

If you filed the case, you are the plaintiff or petitioner. If a case was filed against you, you are the defendant or respondent. 

Bring the following items with you: 

• Copies of all documents you filed with the circuit court clerk
• A copy of the judgment or order the other party says you violated
• The Petition for Rule to Show Cause and Notice of Motion you received
• Your response to the Petition for Rule to Show Cause, if you filed one
• Any evidence Anything used to show that something is true showing you did not violate the order, or that the violation was not purposeful
• Any witnesses who will testify To answer questions under oath for you
• A photo ID 

If your hearing is in person, arrive at least 30-45 minutes early. Go to the courtroom listed on your court papers. If no courtroom is listed, check the case list at the courthouse or ask the circuit court clerk. Check in with the judge’s clerk or courtroom coordinator and be ready to give your name and line number. 

If your hearing is remote (online or by phone), test your internet connection, microphone, and camera before the hearing. Join the hearing a few minutes early using the instructions on your court notice. Make sure you are in a quiet place where you can hear Listen to and judge a case and speak clearly. 

Keep your case information and documents with you and listen for your name or line number to be called. You will be asked to swear to tell the truth. Both you and the petitioner will both have the opportunity to present your evidence and argue your case. 

• If you did not violate the court order, present your evidence.
• If you tried to follow the order but could not, explain what you did to comply.
• If you had a good reason for not following the order, explain that reason to the judge. 

After hearing from both sides, the judge will decide what happens next. Before leaving, make sure you receive a copy of the court order entered that day.

If the judge decides you violated the order or judgment

A violation of a court order or judgment can lead to a judge holding you in contempt of court. When someone violates a court order or disrespects the court The punishment for contempt of court can range from warnings to fines, to going to jail.

However, even if you're in contempt of court because you could have followed the order but didn't, you won't always go to jail. Jail is usually a last resort after other methods of getting you to follow the order have failed. Also, you can't be jailed unless the judge gives you a way to pay money to be let out. If you are held in contempt for failure to pay child support, the judge will often order you to pay a purge towards the amount of past due child support that you owe and give you a deadline by which to make this payment.

If you violated the court order in the past, but you are following it now, you may be able to avoid being punished.