Practice point: A finding of contempt requires that a lawful court order, clearly expressing an
unequivocal mandate, was in effect. It must appear, with reasonable
certainty, that the order has been disobeyed. Moreover, the party to be
held in contempt must have had knowledge of the court's order, and there must be a showing of prejudice to the right of a party to the litigation.
Student note: The burden of proof is on the motion's proponent, and the evidentiary standard is clear and convincing.
Case: Bennet v. Liberty Lines Transit, Inc., NY Slip Op 03807 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A claim of an attorney's aiding and abetting fraud.
