Motion To Show Cause Form. This is a Ohio form and can be use in Cuyahoga County (Court Of Common Pleas).
Tags: Motion To Show Cause, Ohio County (Court Of Common Pleas), Cuyahoga
INSTRUCTIONS FOR COMPLETING AND FILING MOTION TO SHOW CAUSE Failure to comply with an order of court may be contempt of court. A motion to show cause is used to bring one party's failure to comply with a Court order to the Court's attention. The motion to show cause must be completely filled out and must be supported by an Affidavit. Caption: On the line labeled "Plaintiff/Petitioner-01" write the name of the same person who was the original Plaintiff or Petitioner-01 when the case was first filed. On the line labeled "Defendant/Petitioner-02/Respondent write the name of the person who was the original Defendant, Petitioner-02 or Respondent when the case was first filed. Use the same case number that was assigned by the Clerk of Court when the case was first filed. Write the name of the same Judge also. Paragraph 1: Write your name and whether you are "Plaintiff", "Defendant", etc. on the first line, your former spouse's name and whether he/she is "Plaintiff" or "Defendant" etc. on the second line. On the third line identify by date the Court order which you believe your former spouse has not obeyed. (This date is on the order in the stamp marked "Received for Filing" close to the Judge's signature.) Signature: Print your name on the first line, sign it on the second line, and print your address and daytime telephone number where indicated. You must prepare and attach a Notarized Affidavit (last page of this packet) explaining how you believe your former spouse failed to comply with the court order. FILING THE MOTION TO SHOW CAUSE You must file the motion with the Clerk of Court located in Room 35 on the ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. You will be required to pay a "filing fee" to the Clerk of Court at the time you file the motion. Please refer to Local Rule 1 of this Court's Rules for the correct amount. SERVICE The Court cannot consider your motion unless it has been "served" on the other party in your case. The motion you file must be "served" by the Clerk of Court by "certified mail". You must instruct the Clerk to do this by filing "Instructions for Service" (found on this website), and you must provide the Clerk with a copy of the motion. If the mail is returned to the Clerk from the Postal Service as "unclaimed" or "refused", that information is posted on the "docket" in your case, and you will be notified by post card. You must then instruct the Clerk to send a copy of your motion by "ordinary mail". To do this, you must file a new "Instructions for Service" form requesting that service be made by "ordinary mail", and give the Clerk another copy of the motion. PLEASE NOTE: IT IS YOUR RESPONSIBILITY TO MAKE SURE SERVICE IS COMPLETED. THIS WEBSITE DOES NOT EXPLAIN OTHER LEGAL METHODS OF SERVICE. FOR FURTHER INFORMATION REFER TO RULES 4 THROUGH 4.6 OF THE OHIO RULES OF CIVIL PROCEDURE. Affidavit: American LegalNet, Inc. www.FormsWorkFlow.com COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ____________________________________ PLAINTIFF/PETITIONER-01 ____________________________________ ADDRESS: ____________________________________ CITY/STATE/ZIP vs. : : : : CASE NO. DR:____________________ JUDGE __________________________ : ____________________________________ DEFENDANT/PETITIONER-02 RESPONDENT ____________________________________ ADDRESS ____________________________________ CITY/STATE/ZIP : : : MOTION TO SHOW CAUSE Now comes ________________________, and moves this Honorable Court for an order requiring ________________________ to appear and show cause why he/she should not be held in contempt of this Court's order dated _________________. The reasons in support of this motion are stated in the attached affidavit. Respectfully submitted, _______________________________________ PRINT NAME _______________________________________ SIGNATURE _______________________________________ ADDRESS _______________________________________ CITY, STATE, ZIP CODE ______________________________________ DAYTIME TELEPHONE NUMBER DR0706114 General Purpose Motion to Show Cause (Revised 05/2014) Case No. __________ American LegalNet, Inc. www.FormsWorkFlow.com STATE OF OHIO CUYAHOGA COUNTY ) ) ) SS: AFFIDAVIT I, ______________________, having been first duly sworn according to law, hereby state and depose that: 1. ____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. ____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. ____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. ____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ FURTHER, AFFIANT SAYETH NAUGHT. _______________________________________ SIGNATURE Sworn to and subscribed before me this ________ day of __________________, 20____. _______________________________________ NOTARY PUBLIC NOTARY SEAL DR0706114 General Purpose Motion to Show Cause (Revised 05/2014) Case No. __________ American LegalNet, Inc. www.FormsWorkFlow.com