MOTION TO PURGE CONTEMPT

Court Information

Court Name: [________________________________]

Case Number: [________________________________]

Division/Department: [________________________________]

Caption

IN THE [________________] COURT OF [________________]

Motion

COMES NOW, [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court for an Order purging the civil contempt finding entered against Movant on [__/__/____], and in support thereof states as follows:

I. INTRODUCTION

1. On [__/__/____], this Court found Movant in civil contempt for violation of the Court's Order dated [__/__/____] (the "Underlying Order").

2. The Contempt Order (the "Contempt Finding") required Movant to:

☐ Pay the sum of $[________] to [________________________________]

☐ Deliver the following property: [________________________________]

☐ Perform the following act(s): [________________________________]

☐ Refrain from the following conduct: [________________________________]

☐ Other: [________________________________]

3. The Contempt Finding established the following purge condition(s):

[________________________________]

4. Movant has now satisfied the purge condition(s) and/or complied with the Underlying Order and respectfully requests that this Court enter an order purging the contempt finding.

II. BACKGROUND

A. The Underlying Order

5. On [__/__/____], this Court entered the Underlying Order which required Movant to:

[________________________________]

B. The Contempt Finding

6. On [__/__/____], following a hearing, this Court found Movant in civil contempt for failure to comply with the Underlying Order.

7. The Contempt Finding imposed the following sanctions:

☐ Incarceration: [________________________________]

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

☐ Compensatory payment of: $[________]

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

☐ Other sanctions: [________________________________]

8. The Contempt Finding specified that Movant could purge the contempt by:

[________________________________]

III. COMPLIANCE WITH PURGE CONDITIONS

A. Actions Taken to Purge Contempt

9. Since the entry of the Contempt Finding, Movant has taken the following actions to comply with the purge conditions and/or the Underlying Order:

Action 1:
- Description: [________________________________]
- Date Completed: [__/__/____]
- Evidence Attached: ☐ Yes ☐ No (Exhibit [____])

Action 2:
- Description: [________________________________]
- Date Completed: [__/__/____]
- Evidence Attached: ☐ Yes ☐ No (Exhibit [____])

Action 3:
- Description: [________________________________]
- Date Completed: [__/__/____]
- Evidence Attached: ☐ Yes ☐ No (Exhibit [____])

Action 4:
- Description: [________________________________]
- Date Completed: [__/__/____]
- Evidence Attached: ☐ Yes ☐ No (Exhibit [____])

B. Specific Compliance Details

☐ Monetary Compliance:

10. The purge condition required payment of $[________].

11. Movant has made the following payments:

12. Total amount paid: $[________]

13. Remaining balance (if any): $[________]

☐ Property Transfer:

14. The purge condition required delivery of the following property: [________________________________]

15. On [__/__/____], Movant delivered/transferred the property as follows: [________________________________]

16. Evidence of delivery/transfer is attached as Exhibit [____].

☐ Performance of Act(s):

17. The purge condition required Movant to perform the following act(s): [________________________________]

18. On [__/__/____], Movant performed the required act(s) as follows: [________________________________]

19. Evidence of performance is attached as Exhibit [____].

☐ Cessation of Conduct:

20. The purge condition required Movant to cease the following conduct: [________________________________]

21. Movant has ceased the prohibited conduct as of [__/__/____].

22. Since that date, Movant has not engaged in the prohibited conduct.

☐ Other Compliance:

23. The purge condition required: [________________________________]

24. Movant has complied as follows: [________________________________]

IV. LEGAL STANDARD

25. Civil contempt is remedial in nature, intended to coerce compliance with a court order rather than to punish. As the Supreme Court has stated, a civil contemnor "carries the keys of his prison in his own pocket."

26. Once a contemnor has complied with the purge conditions established by the court, the contemnor is entitled to have the contempt finding purged and any coercive sanctions lifted.

27. The purpose of civil contempt having been achieved through compliance, continued enforcement of contempt sanctions is no longer appropriate.

V. ARGUMENT

28. Movant has fully satisfied the purge condition(s) established by this Court in the Contempt Finding dated [__/__/____].

29. The evidence attached hereto demonstrates that Movant has:

☐ Made all required payments

☐ Delivered all required property

☐ Performed all required acts

☐ Ceased all prohibited conduct

☐ Otherwise complied with the purge conditions

30. Because civil contempt is coercive rather than punitive, and Movant has now complied with the purge conditions, the contempt finding should be purged and any ongoing sanctions should be terminated.

31. Continued enforcement of the contempt sanctions would be punitive rather than coercive, which is inconsistent with the nature of civil contempt.

VI. CURRENT STATUS

32. Movant's current status regarding the contempt sanctions is:

☐ Movant is currently incarcerated at: [________________________________]

☐ Daily fines continue to accrue; current total owed: $[________]

☐ Other ongoing sanctions: [________________________________]

☐ Movant is not currently subject to active enforcement of sanctions

33. If this motion is granted, the following relief should be ordered:

☐ Immediate release from incarceration

☐ Cessation of daily fines as of [__/__/____]

☐ Return of any bond or security posted

☐ Removal of any liens or garnishments

☐ Other: [________________________________]

VII. REQUESTED RELIEF

WHEREFORE, Movant respectfully requests that this Court:

☐ A. Enter an Order finding that Movant has satisfied the purge conditions established in the Contempt Finding dated [__/__/____];

☐ B. Purge the civil contempt finding against Movant;

☐ C. Order immediate release of Movant from incarceration;

☐ D. Order cessation of daily fines as of [__/__/____];

☐ E. Order return of any bond or security posted in connection with the contempt proceedings in the amount of $[________];

☐ F. Order removal of any liens, garnishments, or other encumbrances related to the contempt finding;

☐ G. Enter an Order declaring that Movant is in compliance with the Underlying Order;

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

VIII. REQUEST FOR EXPEDITED HEARING

☐ Movant requests an expedited hearing on this Motion due to the following exigent circumstances:

☐ Movant is currently incarcerated
☐ Fines continue to accrue daily
☐ Other urgent circumstances: [________________________________]

Verification/Declaration

I, [________________________________], declare under penalty of perjury under the laws of [________________________________] that:

1. I am the Movant in the above-captioned matter.

2. I have read the foregoing Motion to Purge Contempt.

3. The facts stated therein are true and correct to the best of my knowledge, information, and belief.

4. I have complied with the purge conditions as set forth in this Motion.

5. The documents attached as exhibits are true and accurate copies of the originals.

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

Signature: ___________________________________

Printed Name: [________________________________]

Attorney Information

Attorney for Movant:

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 to Purge Contempt and all exhibits 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 Underlying Order
☐ Exhibit B: Copy of the Contempt Finding/Order
☐ Exhibit C: Payment Receipts/Confirmation
☐ Exhibit D: Proof of Property Delivery/Transfer
☐ Exhibit E: Evidence of Act Performance
☐ Exhibit F: Affidavits/Declarations in Support
☐ Exhibit G: Bank Statements or Financial Records
☐ Exhibit H: Correspondence Confirming Compliance
☐ Exhibit I: [________________________________]

Proposed Order

[ORDER PURGING CONTEMPT]

This matter having come before the Court on Movant's Motion to Purge Contempt, and the Court having reviewed the motion, supporting documents, and any opposition filed, and good cause appearing:

IT IS HEREBY ORDERED that:

1. ☐ Movant has satisfied the purge conditions established in the Contempt Finding dated [__/__/____].

2. ☐ The civil contempt finding against Movant is hereby PURGED.

3. ☐ Movant shall be released from incarceration immediately / within [____] hours.

4. ☐ All daily fines shall cease to accrue as of [__/__/____].

5. ☐ The bond/security posted in the amount of $[________] shall be returned to Movant.

6. ☐ All liens, garnishments, or other encumbrances related to the contempt finding are hereby released.

7. ☐ [Additional relief]: [________________________________]

Date: [__/__/____]

___________________________________

Hon. [________________________________]

Judge of the [________________________________] Court

Jurisdiction-Specific Notes

Federal Courts: Federal civil contempt may be purged upon compliance with the court's order. See 28 CFR Part 522 Subpart B for procedures regarding federal civil contempt commitments.

California: See California Code of Civil Procedure Section 1219 regarding purging contempt.

Texas: Texas allows purging of contempt upon compliance with court orders. See Texas Family Code for family law contempt purge provisions.

Florida: See Florida Statutes Chapter 38 for contempt purge procedures.

New York: See Judiciary Law Section 774 for procedures to purge contempt.

Sources and References

• Civil Contempt - NC PRO
• DOJ Criminal Resource Manual - Tests for Civil and Criminal Contempt
• What is Civil Contempt - Miller Law Group