Amended Motion for Contempt

[letsprocre8]

My case is in the state of Florida.

I filed a Motion for Contempt and OC filed a Motion to Stike my Motion.

Can I filed an Amended Motion?

No notice of hearing has been sent or filed yet-not sure if this makes a difference.

Thanks!

[KeyWestDan]

If you are pro se (apparently so) and the other side has an attorney, you don't have a chance in hades of winning a contempt motion. If you are both pro se and doing that, the judge will hate you both equally.

The court is likely not going to hear your motion.

You have to file the motion and a supporting memorandum of law and at that time get the court's clerk to schedule it on the motions docket. You need the judge to sign the order for the motion hearing and serve that on the other side. There is usually certain days that motions are heard.

So you are, in most courts, a total waste of time.

[Mr. Knowitall]

Apparently you filed a defective motion for contempt, and now seek to try to correct the defects. Be careful here, as if you bring a contempt motion and lose you may end up paying the other side's attorney fees and possibly also paying sanctions. You need to be sure that your motion is consistent with the law and facts, and is filed and served in accord with the court rules governing litigation in your court. Generally speaking, you can't simply file a motion - you must also notice it for hearing; and for contempt motions, you must often request that the judge schedule a "show cause" hearing. Check the specific court rules applicable to the court you're in.