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Contempt citation question

Started by hoosierpapa4, Mar 26, 2004, 04:51:45 AM

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hoosierpapa4

I currently have a contempt citation with the Court here in Indiana regarding a direct violation of an Order of the Court.  This was submitted to the Court approximately 6 months ago and will not be heard until sometime in August.  There have been other "events" which will constitute additional "counts" of the same issues, and additional issues which constitute contemptuously disobeying a direct Order of the Court in a manor unrelated to the previously filed Citation.

1) For the existing Contempt Citation, do I amend it with an additional count for the same violation?

2) Do I simply create a new Contempt Citation and indicate an additional infraction of the previously filed Contempt Citation?

Thanks for your time.

socrateaser

Every occurrance of the contempt is techncally a separate count. It's like you robbed the same bank on different days -- each robbery is a separate crime requiring separate proof. I would file a second contempt motion with the additional counts, and then move in a separate document that the court allow both contempt motions to be consolidated and heard during the the same hearing.

This way, if your motion is denied, then you keep your original hearing and date, and you get an additional hearing and date. Otherwise, if you amend, the clerk may decide that there isn't enough time to hear everything on the existing calendar, and then your contempt hearing may be reset for some date many months further out -- and you don't want that, I don't think.