MOTION TO SHOW CAUSE FORCONTEMPT OF COURT

Timothy Kittle Sr.

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Respondent in pro per

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

NOTICE OF MOTION TO SHOW CAUSE FOR CONTEMPT OF COURT

You are notified that on the ____ day of March, 2022, at _______ (am/pm), or as soon thereafter as Respondent can be heard at the Family Court of the State of New York, County of Suffolk, Respondent will bring on for hearing this Motion to Show Cause for Contempt of Court for the reasons stated in the attached Motion.

Dated this ____ day of March, 2022.

Respectfully Submitted,

___________________________________

Timothy Kittle Sr.

Respondent in pro per

Timothy Kittle Sr.

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Respondent in pro per

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

NOW COMES Timothy Kittle Sr., Respondent, and files this Motion to Show Cause for Contempt of Court, and hereby avers as follows:

1. On [DATE], this Court issued an order directing Petitioner to provide discovery documents and other relevant materials to Respondent. 
2. On [DATE], counsel for Petitioner only provided a document with Respondent ’s name and nothing else. Upon information and belief, Respondent avers that the single document provided by Petitioner does not constitute the whole discovery that this Court directed him to provide to Respondent. 
3. New York Consolidated Laws, Judiciary Law – JUD § 756 provides as follows: “An application to punish for a contempt punishable civilly may be commenced by notice of motion returnable before the court or judge authorized to punish for the offense, or by an order of such court or judge requiring the accused to show cause before it, or him, at a time and place therein specified, why the accused should not be punished for the alleged offense.”
4. “[a] court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced” (Judiciary Law § 753 [A]; see generally People v Sweat, 24 NY3d 348, 353-354 [2014] [discussing Judiciary Law § 753]).
5. In Matter of McCormick v Axelrod (59 NY2d 574 [1983]), this Court described the elements necessary to support a finding of civil contempt. First, “it must be determined that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect” (id. at 583). Second, “[i]t must appear, with reasonable certainty, that the order has been disobeyed” (id.). Third, “the party to be held in contempt must have had knowledge of the court’s order, although it is not necessary that the order actually have been served upon the party” (id.). Fourth, “prejudice to the right of a party to the litigation must be demonstrated” (id.; see Karg v Kern, 125 AD3d 527, 528-529 [1st Dept 2015]
6. As the court that issued the order directing Petitioner to provide discovery to Respondent, this Court has power, authority and jurisdiction to punish Petitioner for failing to obey the terms of the order.
7. The order that this Court issued directing Petitioner to provide discovery to Respondent is hereby attached. Petitioner failed to deliver all discovery to Respondent as required by the lawful order. Petitioner knew about the order issued by the court since his counsel was served with the order. Respondent was prejudiced by Petitioner’s failure to provide discovery as he could not adequately prepare his case for trial.

REASONS WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests this Honorable Court to grant him the following reliefs:

1. Grant this Motion to Show Cause for Contempt;
2. Issue an order requiring Petitioner to show cause as to why he failed to provide discovery to Respondent as required by the lawful order issued by this Court;
3. Issue a declaration that Petitioner is in contempt of court for failing to provide discovery to Respondent as required by the lawful order issued by this Court;
4. Issue an appropriate penalty in the form of imprisonment and/or a fine to be determined by this Court;
5. Award Respondent damages for contempt of court;
6. Award Respondent the costs of this Motion;
7. Award Respondent equitable relief as deemed fair by this Court; and
8. Award Respondent such further relief as this Court deems necessary and proper. 

Dated this ____ day of March, 2022.

Respectfully Submitted,

___________________________________

Timothy Kittle Sr.

Respondent in pro per

VERIFICATION

I, Timothy Kittle Sr., being duly sworn depose and say that I am the Respondent in the above action, that have read the foregoing Motion to Show Cause for Contempt of Court and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of March, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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