Is a Motion for An Order to Show Cause served on the non-complying party, or is only the actual Order served?

Asked about 2 years ago - Phoenix, AZ

I'm in a civil suit in superior court in Arizona. I served subpoena duces tecums (seeking documents only) to two different non-parties of which are based in other states. Neither answered the subpoena or filed any objection with the Court. Could these non-parties be held in contempt? I'd like to file a Motion for an Order showing cause. My question is, do I serve the motion to these non-parties at the same time I file it, or do I wait for the judge to grant the order, and then serve the Order to the parties along with the Motion? In other words, whats the process for seeking an Order to show cause for non-parties out of state?

Attorney answers (1)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . Basic civil procedure requires giving people notice and an opportunity to be heard regarding any potential legal actions. You should retain an attorney.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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