Court & Hearings

A Petition for Rule to Show Cause may be used by a person who says that another person has not followed a court order or judgment.

The petition will:

• Say which order or judgment has not been followed, and
• Explain what the petitioner thinks the other party 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 [no-lexicon]Petition for Rule to Show Cause[/no-lexicon]

If you got a Petition for Rule to Show Cause, you also should receive a Notice of Motion. 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. 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 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 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

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

Do this with the circuit clerks office 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.  

The clerk will stamp all copies, keep the original, and give the other three copies back to you.

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. 

Keep the remaining two stamped copies for yourself.

Settling the case before the [no-lexicon]hearing[/no-lexicon]

Depending on the situation, you may want to try to settle 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 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 if your work schedule won't allow it or you have transportation issues.

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

At the hearing

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. 

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Plaintiff's or Petitioner's name
• Defendant's or Respondent's name
• Case number
• Judicial circuit
• County
• Division

If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

Take these things with you to court:

• A copy of the judgment or order that the other party claims you violated,
• The Petition for Rule to Show Cause and Notice of Motion that you received from the other party,
• Your response to the Petition for Rule to Show Cause that you filed, and 
• Any evidence to show you either did not violate the court order OR that your violation was not purposeful.

When your case is called, go to the front of the courtroom, say your name to the judge, and say that you are the respondent.  Then, you and the petitioner will both have the opportunity to present your evidence and argue your case.

If you did not obey all the terms of the court order but tried your best, you should describe your efforts to follow the order, and ask the judge to take your efforts into account. If you did not follow the court order for a good reason, you should explain this to the judge.

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