How to Answer a Petition to Show Just Cause Legal Forms for Illinois Courts

Rules to show cause enforce existing court orders in Illinois.

In Illinois, failure to comply with a court order allows an injured party to file a petition demanding the non-performing party be found in indirect civil contempt, called a rule to show cause. The petition will generally detail what the defendant has failed to do, and will request the court force compliance. Successfully defending against the petition will require a defendant to provide proof of compliance, or a valid reason for non-compliance, at a hearing.

Instructions

1. Review the petition. Once the plaintiff has filed the petition with the court, the defendant will be provided a copy. The petition will set out what actions a defendant has failed to do. Note that the required acts must have been incorporated into a previous court order.

2. Prepare the Answer. A defendant needs to determine whether the petition is valid, and if so, does he have any valid defenses. For instance, a common petition for rule to show cause relates to the failure to pay child support. If the defendant has in fact made child support payments, then he can state this in his nswer, attaching copies of payment as proof. If there is no defense, then the defendant might provide explanation for his non-performance in his answer.

3. Present your case at a hearing. The petition for a rule to show cause will proceed to hearing, at which the court will hear the arguments of both parties. If the court finds that the plaintiff's petition is valid, the court will find the defendant in indirect civil contempt for failure to comply, and sentence the defendant to a period of incarceration in the county jail.

   Often judges will give the defendant a last chance to comply by setting a purge amount on the sentence, due at a future date, and stay mittmus (jail) to that date. For example, the defendant is found to owe $1,000. The judge will sentence the defendant to 10 days in jail, but set a purge amount of $500 and set over the matter for one month. At that next date, if the defendant has not paid the $500, he goes to jail. If the defendant has paid the $500, the judge will set the matter over to the following month to collect the remaining payment.

Tips & Warnings

• Due to the complexity of the matters involved, it is advisable to retain an attorney

• Rules to show cause are punishable by incarceration, but the incarceration does not extinguish the debt. The judge also has the right under Illinois law to award attorneys' fees to the plaintiff.

References

• Illinois Legal Aid Information on Rule to Show Cause
• Sample Rule to Show Cause Form

Resources

• SIU: How to Enforce Child Support Order in Illinois