If I’m a defendant in a motion for contempt going on 2 years now and the plaintiff won’t go to hearing. is there a way to compel them to go?

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If I’m a defendant in a motion for contempt going on 2 years now and the plaintiff won’t go to hearing. is there a way to compel them to go?

Asked on December 3, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness, really??  Two years?  And a Judge actually let it go on this long?  Is it the actual motion or was it set down for a hearing?  Either way there should be a mechanism to have the motion or hearing dismissed for the failure of the plaintiff to appear.  They have "defaulted" and the matter should not go on any longer.  Please get help.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Assuming you are a defendnat in a petition for a contempt of court matter where the plaintiff in the same proceeding fails to attend, then assuming there is a "no show" at the next hearing you should simply ask the court for a dismissal of the matter and refuse to take the stand due to the plaintiff not attending the proceeding.

There really is no way to compel the plaintiff to attend.


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