Does court issue a Motion for Contempt when a plaintiff does not comply with court orders? Posted on July 07, 2011
My wife (Defendant/represented Pro Se) has been involved in a child custody & support case with her ex-husband (Plaintiff/represented by counsel). The case has been before the Court for final hearing. During that hearing the Plaintiff was ordered by the Court to turnover insurance documents relating to the minor child by a specific time. That time expired a week ago. We have since received a copy of Motion for Relief from Judgment filed by his attorney. The basic reasons being sited are that the documents do not belong to the Plaintiff they instead belong to the Plaintiff's current wife who is refusing to turn them over for fear of release of private personal information (i.e. employer). Question: Does the Court automatically issue an Order for Contempt when informed that the Plaintiff has not complied with the Order set forth during the hearing or does the Defendant need to file a motion for an Order of Contempt? My wife has completed the Motion; obtain the documentation for a subpoena for the plaintiff as well as a Civil Subpoena for the Plaintiff's current wife since she has claimed possession of the documents required. None of this has been filed as yet.
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