New York Contempt Response / Defense

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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.

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About This Template

These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: May 2026

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