Legal Question in Civil Litigation in Illinois

Rule to show cause -- pleading and due process requirements

I notice that another attorney has responded to your question, particularly the issue of whether a person should honor a subpoena. Her advice is sound. Please permit me to address the issue of the pleading and due process requirements of a petition for rule to show cause:

[The following answer relates to what are called act of �indirect� contempt, or acts (such as not appearing pursuant to a subpoena) committed outside the presence of the court.]

Due process requires written notice or a written rule to show cause be served upon the alleged contemnor. The alleged contemnor must be informed of the charges against him by some formal written pleading such as a petition, information, or complaint. The notice must contain an adequate description of the facts upon which the contempt charge is based and inform the alleged contemnor of the time and place of the evidentiary hearing on the charge, within a reasonable time in advance of the hearing. An accused in indirect contempt proceedings is also entitled to an opportunity to interpose an answer as well as receive a full hearing.

Re: Rule to show cause

The only requirement is to have issued a valid subpoena. If there was a valid subpoena and you have decided not to honor it, you better show up on the date the Rule to Show Cause has been set for hearing and explain to the judge your VALID reason why you have failed to honor the subpoena. You may have a good reason or you may not... Without details that would be impossible to tell you at this point. If you do not show up on the hearing date, you can expect the Sheriff to come to your door and "kindly" put the cuffs on you and escort you to the Court. I am sure that would not be a good result.

If you have a good reason to contest the subpoena you should voice it otherwise, you have to comply.

Good Luck

Nima Taradji

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