RESPONSE TO MOTION FOR CONTEMPT / ORDER TO SHOW CAUSE

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________]

Index No.: [________________]
IAS Part: [________]

[________________________________________],
Plaintiff / Petitioner / Movant,

v.

[________________________________________],
Defendant / Respondent.

RESPONDENT'S RESPONSE IN OPPOSITION TO MOTION FOR CONTEMPT

[________________________________________] ("Respondent"), through undersigned counsel, respectfully opposes the Motion for Contempt / Order to Show Cause:

I. PROCEDURAL BACKGROUND

1. The underlying order was entered on [__/__/____] by Hon. [________________________________________].
2. The Motion for Contempt was filed on [__/__/____].
3. The Order to Show Cause was signed on [__/__/____], returnable [__/__/____].
4. The alleged violation: [________________________________________]
5. Type of contempt: ☐ Civil (Judiciary Law § 753) ☐ Criminal (Judiciary Law § 750)

II. STATEMENT OF FACTS

[________________________________________]
[________________________________________]
[________________________________________]

III. LEGAL STANDARD

Civil Contempt (Judiciary Law § 753)

The movant must establish by clear and convincing evidence:

(a) A lawful court order clearly expressing an unequivocal mandate;
(b) Respondent had actual knowledge of the order;
(c) Respondent disobeyed the order;
(d) The movant's rights were prejudiced by the disobedience.

El-Dehdan v. El-Dehdan, 26 N.Y.3d 19 (2015); McCain v. Dinkins, 84 N.Y.2d 216 (1994).

Criminal Contempt (Judiciary Law § 750)

The People or movant must prove beyond a reasonable doubt:

(a) A lawful mandate of the court;
(b) Willful disobedience.

People v. DeWan, 14 N.Y.3d 451 (2010).

IV. DEFENSES

A. Inability to Comply

☐ Respondent lacked the present ability to comply with the order.

[________________________________________]

Authority: El-Dehdan v. El-Dehdan, 26 N.Y.3d 19 (2015) — a party who is unable to comply with a court order cannot be held in contempt, provided the inability was not self-created.

☐ The inability was not self-created because: [________________________________________]

B. Ambiguity of the Order

☐ The order was not sufficiently clear and unequivocal to support contempt.

[________________________________________]

Authority: Pereira v. Pereira, 35 N.Y.2d 301 (1974).

C. Lack of Prejudice (Civil Contempt)

☐ The movant has not demonstrated that rights were prejudiced by the alleged violation.

[________________________________________]

D. Good Faith Efforts

☐ Respondent made diligent, good faith efforts to comply.

[________________________________________]

E. Due Process Violations

☐ Insufficient notice of specific allegations
☐ Denial of right to counsel (criminal contempt)
☐ Failure to follow proper procedural requirements
☐ Other: [________________________________________]

F. Other Defenses

☐ Statute of limitations
☐ Changed circumstances
☐ Mootness — Respondent has since complied
☐ Other: [________________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Respondent respectfully requests:

(a) Dismissal of the Motion for Contempt;
(b) A finding that Respondent is NOT in contempt;
(c) An award of attorney's fees and costs;
(d) Such other relief as this Court deems just and proper.

Dated: [________________], New York
[__/__/____]

Respectfully submitted,

Signature: ________________________________________
Printed Name: [________________________________________]
NY Registration No.: [________________]
Firm: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]

Attorney for Respondent

AFFIDAVIT IN SUPPORT

State of New York
County of [________________]

[________________________________________], being duly sworn, deposes and says:

1. I am the Respondent in the above-captioned proceeding.
2. [________________________________________]
3. [________________________________________]
4. [________________________________________]

Signature: ________________________________________
Sworn to before me on [__/__/____]
Notary Public: ________________________________________

AFFIDAVIT OF SERVICE

[Standard NY service affidavit — serve by NYSCEF if applicable, or by mail/personal delivery]

This template is provided for informational purposes only. Contempt may result in imprisonment and fines. Consult a licensed New York attorney immediately.