Legal Question in Civil Litigation in California
osc procedure
I am trying to make sure I follow correct procedure for getting an
OSC hearing for contempt. This is NOT a family law matter. I
believe I need and affidavit and/or declaration under penalty of
perjury and an order to show cause. I then schedule an OSC
hearing with the judge's clerk and take my 2 documents to the
court and get the clerk to obtain the judge's signature. I then send
a notice (?) to the defendant and serve via process server/sheriff
etc. the OSC & affidavit at least 21 days before the hearing. I need
to file all of this at court with proof of service. Am I missing
something? Even so much as a cover sheet or an attached order.
There are no clear directions for non family matters that I can find.
Thanks
3 Answers from Attorneys
Re: osc procedure
This presumes that you already have a case open. If not, you will have to open a case first. There's not enough information about the case itself. You would have to give the other party statutory notice of the OSC.
Re: osc procedure
All the following assumes, as attorney Robert Cohen pointed out, that you have an existing case (in the course of which the order was issued that you contend was violated). Half the battle in any court case, whether you are an attorney or a pro per, is getting your documents in the correct format so that the clerk will file them and the judge will hear your OSC (or motion). We attorneys wrestle with this stuff every day. The court clerks love to reject papers for this or that omission. It sounds as if you may be on the right track; the best sources of the information you seek are: 1) California Civil Procedure Before Trial (grey loose leaf notebooks published by Rutter Group). 2) An experienced legal secretary. 3) A good attorney service or process service company. 4) Similar papers filed by an attorney, if you can find them on file at the courthouse. 5) The clerks (if you can get any information out of them).
Re: osc procedure
Before a comprehensive answer can be provided to your question, the following additional information is needed: Is there a case already filed? What court are you in? What type of case do you have? Why are you filing an OSC? What is the basis of your OSC? If you would like to provide this additional information, a further response can be provided.