MOTION FOR CONTEMPT SANCTIONS

Court Information

Court Name: [________________________________]

Case Number: [________________________________]

Division/Department: [________________________________]

Caption

IN THE [________________] COURT OF [________________]

Motion

COMES NOW, [________________________________] ("Moving Party"), by and through undersigned counsel, and respectfully moves this Honorable Court for an Order imposing civil contempt sanctions against [________________________________] ("Contemnor") and in support thereof states as follows:

I. INTRODUCTION

1. This Court previously found Contemnor in civil contempt on [__/__/____] for violation of the Court's Order dated [__/__/____] (the "Subject Order").

2. Despite the contempt finding, Contemnor has:

☐ Continued to violate the Subject Order
☐ Failed to purge the contempt as ordered
☐ Committed new violations of the Subject Order
☐ Other: [________________________________]

3. Moving Party seeks appropriate civil contempt sanctions to:

☐ Coerce Contemnor's compliance with the Subject Order
☐ Compensate Moving Party for losses caused by Contemnor's noncompliance
☐ Both coerce compliance and compensate for losses

II. PROCEDURAL HISTORY

4. On [__/__/____], this Court entered the Subject Order, which required Contemnor to: [________________________________]

5. On [__/__/____], Moving Party filed a Motion for Civil Contempt based on Contemnor's failure to comply with the Subject Order.

6. On [__/__/____], this Court found Contemnor in civil contempt and ordered: [________________________________]

7. The contempt finding established the following purge conditions: [________________________________]

8. Since the contempt finding, the following has occurred: [________________________________]

III. STATEMENT OF FACTS

9. Despite the contempt finding, Contemnor has failed to:

a. [________________________________]

b. [________________________________]

c. [________________________________]

10. The specific ongoing or new violations are as follows:

11. Moving Party has suffered the following damages as a result of Contemnor's continued noncompliance: [________________________________]

IV. TYPES OF SANCTIONS REQUESTED

A. Coercive Sanctions

☐ Incarceration Until Compliance

12. Moving Party requests that the Court order Contemnor incarcerated until Contemnor complies with the Subject Order.

13. Incarceration is appropriate because:

a. Lesser sanctions have proven ineffective;
b. Contemnor has the ability to comply but refuses to do so;
c. Incarceration will coerce compliance; and
d. Contemnor holds "the keys to the prison" by having the ability to secure release through compliance.

☐ Per Diem (Daily) Fines

14. Moving Party requests that the Court impose daily fines against Contemnor in the amount of $[________] per day until compliance.

15. Daily fines are appropriate because:

a. They create ongoing financial pressure to encourage compliance;
b. The amount requested is sufficient to coerce compliance given Contemnor's financial circumstances;
c. The fines will cease immediately upon compliance.

☐ Escalating Fines

16. Moving Party requests escalating fines as follows:

• Days 1-[____]: $[________] per day
• Days [____]-[____]: $[________] per day
• Days [____] and beyond: $[________] per day

☐ Other Coercive Sanctions

17. Moving Party requests the following additional coercive sanctions:

[________________________________]

B. Compensatory Sanctions

☐ Actual Damages

18. Moving Party has suffered actual damages in the amount of $[________] as a direct result of Contemnor's contemptuous conduct, calculated as follows:

☐ Attorney's Fees and Costs

19. Moving Party has incurred attorney's fees and costs as a result of Contemnor's contemptuous conduct in the amount of $[________], itemized as follows:

20. A detailed billing statement is attached as Exhibit [____].

☐ Lost Income/Profits

21. Moving Party has lost income or profits in the amount of $[________] due to Contemnor's noncompliance, calculated as follows:

[________________________________]

☐ Other Compensatory Damages

22. Moving Party seeks the following additional compensatory damages:

[________________________________]

C. Combined Coercive and Compensatory Sanctions

23. Moving Party requests that the Court impose both coercive and compensatory sanctions because:

a. Coercive sanctions are necessary to compel future compliance;
b. Compensatory sanctions are necessary to make Moving Party whole for losses already incurred; and
c. The dual purpose of civil contempt—coercion and compensation—supports both types of relief.

V. LEGAL STANDARD

24. Civil contempt sanctions may be either coercive or compensatory in nature.

25. Coercive Sanctions: Coercive sanctions are designed to compel compliance with a court order. They are appropriate where the contemnor has the present ability to comply but refuses to do so. Coercive sanctions must include a purge provision allowing the contemnor to secure release or termination of fines upon compliance.

26. Compensatory Sanctions: Compensatory sanctions are designed to compensate the aggrieved party for losses caused by the contemptuous conduct. They may include actual damages, attorney's fees, and other losses directly resulting from the contempt.

27. The Court has broad discretion in fashioning appropriate contempt sanctions, provided they are remedial rather than punitive in nature.

VI. ARGUMENT

A. Coercive Sanctions Are Warranted

28. Contemnor has willfully refused to comply with the Subject Order despite having the ability to do so.

29. Previous remedies have been ineffective in securing compliance because: [________________________________]

30. Coercive sanctions, including [☐ incarceration / ☐ daily fines / ☐ other], are necessary to compel compliance.

31. The requested coercive sanctions are appropriate given:

a. The nature and extent of Contemnor's violation;
b. Contemnor's demonstrated unwillingness to comply;
c. Contemnor's present ability to comply;
d. The need for effective enforcement of court orders.

B. Compensatory Sanctions Are Warranted

32. Moving Party has suffered concrete, measurable losses as a direct result of Contemnor's contemptuous conduct.

33. The damages requested are:

a. Directly caused by Contemnor's noncompliance;
b. Supported by documentary evidence;
c. Reasonable in amount;
d. Necessary to make Moving Party whole.

C. Purge Provisions

34. Any coercive sanctions should include clear purge conditions specifying exactly what Contemnor must do to purge the contempt.

35. Moving Party proposes the following purge conditions:

[________________________________]

VII. DAMAGES CALCULATION

A. Summary of Damages Sought

B. Proposed Coercive Sanctions

VIII. REQUESTED RELIEF

WHEREFORE, Moving Party respectfully requests that this Court:

☐ A. Impose coercive sanctions against Contemnor, including:

☐ Incarceration until Contemnor complies with the Subject Order

☐ Daily fines in the amount of $[________] per day until compliance

☐ Other coercive sanctions: [________________________________]

☐ B. Award compensatory sanctions to Moving Party, including:

☐ Actual damages in the amount of $[________]

☐ Attorney's fees in the amount of $[________]

☐ Costs in the amount of $[________]

☐ Lost income/profits in the amount of $[________]

☐ Other compensatory damages: [________________________________]

☐ C. Establish clear purge conditions specifying how Contemnor may purge the contempt;

☐ D. Award post-judgment interest on all monetary awards at the applicable rate;

☐ E. Grant such other and further relief as this Court deems just and proper.

IX. REQUEST FOR HEARING

Moving Party requests an evidentiary hearing on this Motion.

Estimated time needed for hearing: [____] hours

Verification/Declaration

I, [________________________________], declare under penalty of perjury under the laws of [________________________________] that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________].

Signature: ___________________________________

Printed Name: [________________________________]

Attorney Information

Attorney for Moving Party:

Name: [________________________________]

Bar Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Signature: ___________________________________

Date: [__/__/____]

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Contempt Sanctions was served upon the following by:

☐ Personal Service
☐ U.S. Mail, First Class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Electronic Filing/Service
☐ Facsimile
☐ Email (with consent)
☐ Other: [________________________________]

Served Upon:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Signature: ___________________________________

Date: [__/__/____]

Exhibits Checklist

☐ Exhibit A: Copy of the Subject Order
☐ Exhibit B: Copy of Prior Contempt Finding
☐ Exhibit C: Evidence of Ongoing/New Violations
☐ Exhibit D: Calculation of Actual Damages
☐ Exhibit E: Attorney's Fees and Costs Itemization
☐ Exhibit F: Lost Income/Profits Documentation
☐ Exhibit G: Evidence of Contemnor's Ability to Comply
☐ Exhibit H: Declaration/Affidavit in Support
☐ Exhibit I: [________________________________]

Jurisdiction-Specific Notes

Federal Courts: Federal courts have inherent power to impose civil contempt sanctions. See 18 U.S.C. Section 401 and FRCP Rule 70.

California: See California Code of Civil Procedure Section 1218 for sanctions in contempt proceedings.

Texas: See Texas Government Code Chapter 21 for contempt sanctions authority.

Florida: See Florida Statutes Chapter 38 for contempt sanctions.

New York: See Judiciary Law Section 773 for contempt sanctions authority.

Sources and References

• Compensatory Contempt Introduction - Cooley Law
• Distinguishing Civil and Criminal Contempt - Michigan Courts
• RCW 7.21.030 - Remedial Sanctions