Motion To Show Cause

MOTION TO SHOW CAUSE – SAMPLE MOTION

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF Case No. _____________

Plaintiff,

v.

DEFENDANT 1; DEFENDANT 2;

DEFENDANT 3; and DEFENDANT

INSURANCE COMPANY,

Defendants.

PLAINTIFF’S MOTION TO SHOW CAUSE WHY DR. JOHN DOE SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR FAILING TO PRODUCE SUBPOENAED RECORDS

NOW COMES Plaintiff, by and through his attorneys, the Law Office of Michael J. Morse, P.C., and for his Motion to Show Cause Why Dr. John Doe Should Not Be Held in Contempt of Court for Failing to Produce Subpoenaed Records, respectfully states as follows:

This case arises out of an automobile accident that occurred on [date].

On [date], Plaintiff directed a subpoena to Dr. John Doe seeking his own examination records that are clearly relevant to this lawsuit.

MCR 2.302(B)(1) provides that parties may obtain discovery regarding any matter not privileged, which is relevant to the subject matter involved in the pending action.

The subpoena required these records to be provided to Plaintiff on [date].

Dr. Doe never provided these records as required by the subpoena.

On approximately [date], about three months after these records were required to be delivered, Plaintiff contacted Dr. Doe’s office and once again requested his examination records and Plaintiff’s handwritten documents provided at the time of the examination.

On approximately that same date, in direct contravention to subpoena, Dr. Boodin’s office notified Plaintiff that they would not be producing the examination records since they were hired by Defendant 1 and Defendant 2.

The examination records, and specifically all information written by Plaintiff at the examination, is necessary for the preparation of Plaintiff’s claims for trial and will cause undue hardship and injustice if not produced.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order to Show Cause why Dr. John Doe should not be held in Contempt of Court for failing to comply with the subpoena pursuant to MCR...