{7 mins to read} As a Trusts and Estates attorney, I frequently appear in Surrogate’s Court. Sometimes I am there to file a petition or to appear on the Court’s calendar. Any of this may be incident to the various types of proceedings the Surrogate’s Court handles daily, such as probate, administration, accountings, and related matters.
Courts have rules that they expect all parties, attorneys, and pro se litigants to follow. It is essential that people familiarize themselves with these rules before entering the building or appearing virtually (if the Court allows virtual appearances).
To review the rules of procedure for each Court, it’s helpful to visit the websites of the individual Surrogate’s Courts in New York City.
Contempt is somewhat in a league of its own. Contempt is a finding by the Court that someone has done something so offensive, obnoxious, or outrageous that it warrants punishment either civilly or criminally for those actions. This goes beyond following the Court’s usual procedural rules, such as making your motion longer than the page limit or failing to properly file a document electronically for a proceeding that the Court accepts only electronically. This is a BIG deal.
Some examples of times when a Surrogate’s Court might hold someone in contempt:
Disobeying a Court Order
The Surrogate’s Court takes its Orders very seriously. They may order someone to do something, such as filing their accounting with the Court, or to stop doing something (usually known as a https://sciaccalaw.com/can-i-get-a-temporary-restraining-order-related-to-a-new-york-estate or a preliminary injunction). If the person fails to comply, the Court may hold them in contempt. Here’s how this would work.
Suppose I represent a party that benefits from the Order. A beneficiary who’s finally going to get an accounting of the Estate assets. The Court orders the Executor or Administrator to file their accounting with the Court within a certain amount of time, and the Executor ignores that Order.
I can bring an application before the Court to hold them in contempt, and the Court can do so if they don’t have a very good excuse. Note that there are some technical requirements to do this. For example, the offending party must be served with a court-certified copy of the order as a prerequisite to bringing a contempt application.
The papers the offending party receives also have to include a certain type of language, printed in larger type than would ordinarily be required. While there are a lot of things that people can do on their own in the Surrogate’s Court, it might be worthwhile to consult an attorney to make sure that you’re bringing your contempt application forward.
Disrespectful behavior toward the Courts, the Litigants, or the Litigators.
Courts are highly respected institutions; therefore, individuals are expected to exhibit a certain degree of decorum when appearing before them. Obviously, the parties to a lawsuit may not be each other’s biggest fans and may be verbally aggressive toward one another, sometimes raising their voices. The Court will shut this down very quickly, but that doesn’t rise to the level of contempt.
What would rise to the level of contempt? Directly insulting the judge personally, or directly insulting one of the attorneys personally, or a member or an employee of the Courts. At times, there have been instances where a party has damaged or defaced the courthouse itself, as an act of frustration, and the Court can absolutely hold them in contempt.
Making a false or misleading statement to the Court may be grounds for the Court to take it seriously and potentially hold a person in contempt of Court. For example, filing a Petition with the Court saying that someone died intestate when they had a Will, and the person filing the petition knows this and is choosing to conceal it, is a false or misleading statement made directly to the Court with the intent to deceive the Court. In addition to ordering a monetary fine, the Court can hold the person in contempt of Court.
It should be noted that Contempt of Court is a very drastic remedy that Courts are very hesitant to impose, except in the most extreme circumstances. Sometimes tension and tempers are high in these inheritance dispute proceedings, and people may become somewhat “passionate.”
The Court will allow a certain amount of leeway, and you’re not going to be carted off to jail that same day, directly from the Courthouse. You will not be taken to jail directly from the Courthouse. In almost 25 years of practice, I have seen Courts hold individuals in Contempt of court fewer than five times.
I have seen a situation in which a party did not respond to a Contempt of Court application, ignored the court papers served on them, and chose not to appear. The judge had law enforcement arrest the individual and bring them before the judge (in handcuffs) for the judge’s calendar call.
Again, a very drastic remedy, but still something within the realm of possibility.
Finally, it’s important to remember that other remedies may be available. For example, the Court may have ordered the Executor or Administrator to account, and they haven’t. Instead of going for a contempt proceeding, one could start a proceeding to revoke their appointment,
Perhaps the Court has ordered someone to pay another person money, but they haven’t. The local Marshal’s Office can assist by garnishing wages or recovering funds from bank or brokerage accounts to ensure payment.
For more information on this topic, please contact me.