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How are cause decided in an order to show cause?

Started by spinner, Jan 17, 2005, 01:36:10 PM

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socrateaser

>hehehhe (plenty if H)
>
>well the hearing is scheduled to be at 11 am and the referee
>has another motion in the afternoon.
>
>My ex filed an ammended order to show cause to include
>contempt, ... show why you aren't in contempt of paragraph
>3,4, and 5, ....____
>
>Basicaly I am wondering what they plan to accomplish in 1 hour
>??!?!?

spinner

no really I am wondering what to expect of such a Hearing ?

a continuance, ..... ?
Referee can't decide that in 1H can she ?

socrateaser

>>hehehhe (plenty if H)
>>
>>well the hearing is scheduled to be at 11 am and the referee
>>has another motion in the afternoon.
>>
>>My ex filed an ammended order to show cause to include
>>contempt, ... show why you aren't in contempt of paragraph
>>3,4, and 5, ....____
>>
>>Basicaly I am wondering what they plan to accomplish in 1
>hour?

You should post the exact text of the contempt OSC. I don't know if you're planning to represent yourself, but depending upon the charges, you may be able to defeat them without saying anything other than that the plaintiff hasn't carried her burden of proof.

spinner

I have an attorney representing me

I'll see if I can copy the texte, ..


I guess I am trying to reassure myself here

spinner

In the process to find someone in contempt, the court does:

1- earing to argue evidences (evidentiary earing)
2- if the judge/referee feels there is enough evidences he will schedule another earing to ear both side's testimony


right ?

socrateaser

>In the process to find someone in contempt, the court does:
>
>1- earing to argue evidences (evidentiary earing)
>2- if the judge/referee feels there is enough evidences he
>will schedule another earing to ear both side's testimony

You must be having trouble with your "h" key. It's a (h)earing, not an earing! LOL!

Anyway, no, usually there is a contempt motion with the charges, and then there's a hearing. Generally, the defendant does not respond in writing to the charges, because if the contempt is criminal, then the defendant has the right to remain silent and the right to an attorney.

And, if the contempt is civil, then it's still at the clear and convincing level of evidence, so it still may be better for the defendant to say nothing until the plaintiff pleads his/her case.

Why are you asking?

spinner

hehehhe (plenty if H)

well the hearing is scheduled to be at 11 am and the referee has another motion in the afternoon.

My ex filed an ammended order to show cause to include contempt, ... show why you aren't in contempt of paragraph 3,4, and 5, ....____

Basicaly I am wondering what they plan to accomplish in 1 hour ??!?!?

socrateaser

>hehehhe (plenty if H)
>
>well the hearing is scheduled to be at 11 am and the referee
>has another motion in the afternoon.
>
>My ex filed an ammended order to show cause to include
>contempt, ... show why you aren't in contempt of paragraph
>3,4, and 5, ....____
>
>Basicaly I am wondering what they plan to accomplish in 1 hour
>??!?!?

spinner

no really I am wondering what to expect of such a Hearing ?

a continuance, ..... ?
Referee can't decide that in 1H can she ?

socrateaser

>>hehehhe (plenty if H)
>>
>>well the hearing is scheduled to be at 11 am and the referee
>>has another motion in the afternoon.
>>
>>My ex filed an ammended order to show cause to include
>>contempt, ... show why you aren't in contempt of paragraph
>>3,4, and 5, ....____
>>
>>Basicaly I am wondering what they plan to accomplish in 1
>hour?

You should post the exact text of the contempt OSC. I don't know if you're planning to represent yourself, but depending upon the charges, you may be able to defeat them without saying anything other than that the plaintiff hasn't carried her burden of proof.