Are Civil Petitions for Rule to Show Cause Filed in Domestic Relations Matters Pleadings or Motions?
By Judge James A. Shapiro, Judge Mitchell B. Goldberg, & Alison Rimkus
Bench and Bar,
August 2026
Correctly determining whether a court filing is a pleading or motion can have profound implications on the appropriateness of the responsive filing. A serious review of the differences between pleadings and motions and an understanding of the specific requirements of Petitions for Rule and the considerations involved in civil contempt, makes clear that Petitions for Rule are motions; they are not pleadings and, thus, not subject to dispositive motion practice.
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