An Illinois Petition For Rule To Show Cause is a legal document that is filed in a court of law to compel a party to appear before the court to explain why they should not be held in contempt or why an order should not be issued against them. This petition is commonly used when a party has failed to comply with a court order, such as failure to pay child support or to appear in court. There are three main types of Illinois Petition For Rule To Show Cause: Petition to Show Cause for Non-Payment of Child Support, Petition to Show Cause for Non-Appearance, and Petition to Show Cause for Contempt.
Illinois Petition For Rule To Show Cause
State:
Illinois
Control #:
IL-174-CSR214
Format:
PDF
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Petition For Rule To Show Cause
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FAQ
A motion to enforce simply asks for a second order that the party comply with the first order. There is no punishment. No attorney's fees. No jail time.
Civil contempt If the complaining witness is served with a subpoena to appear in court and testify ? but refuses to show up ? they can be held in contempt. The judge can issue a body attachment, which is like an arrest warrant, to bring the witness before the court.
Police can enforce a custody court order, but it does not happen often.
Rule 15.12 - RULE TO SHOW CAUSE (a) In any proceeding seeking a Rule To Show Cause, the moving party may set the petition on the Court's presentment call, pursuant to Local Rule 15.09(c). The moving party shall serve notice, accompanied by a copy of the verified petition intended to be filed in the cause.
A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.
The parent who is not receiving the child support can file a Petition for Rule to Show Cause with the circuit clerk. You may ask the court to make a parent who is not following an Order for Support to follow it. This is called enforcing.
When the other party is not following a court order and/or judgment, you can file a Petition for Rule to Show Cause. Always attach the court order that is not being followed as an Exhibit to the Petition for Rule to Show Cause. This petition asks the court to enforce its order through its power of contempt.