Motion for Contempt (Order to Show Cause re Contempt)

When the motion for contempt is used

Timing: when a party has not complied with a clear court order, such as an injunction, a discovery order or a payment order. Enforcement comes after a money judgment is entered. It is how a winning party actually collects.

What the rule requires

• Civil contempt aims to coerce compliance or compensate for losses. By contrast, criminal contempt punishes past disobedience and carries criminal-procedure protections, such as notice and, for serious penalties, a jury trial.
• In general, the moving party must show by clear and convincing evidence that the other party violated a specific and definite order.
• Rule 37(b)(2)(A)(vii) also lets a judge treat failure to obey a discovery order, other than an order to submit to a physical or mental examination, as contempt of court.
• Many judges start the process with an order to show cause, which asks the party to explain why the court should not hold it in contempt.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 18 U.S.C. § 401; Fed. R. Civ. P. 37(b)(2)(A)(vii) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for contempt in state court

This page covers the federal version. In state court, the motion for contempt may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Contempt of court: disobeying a court order or disrupting or disrespecting the court. Civil contempt aims to force compliance or compensate a party. Criminal contempt punishes past misconduct. Federal courts have contempt power under 18 U.S.C. § 401.

Related procedures

Similarly, these procedures often come up alongside it:

• Request for Order to Show Cause: a request asking the court to issue an order to show cause — an order directing a party or person to appear and explain why the court should not take a stated action, such as holding them in contempt for disobeying an order, granting an injunction or imposing sanctions.
• Motion for Discovery Sanctions: a request for sanctions when a party fails to obey a discovery order or fails to attend its own deposition or respond to discovery.
• Motion for a Preliminary Injunction: a request for an order that preserves the situation while the case is decided.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion for contempt (order to show cause re contempt). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.