· 12/8/1998
State Ex Rel. Zirkle v. Fox
Citations
- 510 S.E.2d 502
- 203 W. Va. 668
- 1998 W. Va. LEXIS 194
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- The defendant bears the burden of proof in showing an inability to comply with the court's order, ·and the inability was not occasioned by his own acts
- “ ‘Due process of law requires that the party accused [of contempt] be advised of the charge and accorded opportunity to defend himself.’” (quoting In re S.L.T., 180 So.2d 374, 378 (Fla.Dist.Ct.App.1965))
- “The most basic of the procedural safeguards guaranteed by the due process provisions of our state and federal constitutions are notice and the opportunity to be heard, which are essential to the jurisdiction of the court in any pending proceeding.”
- defendants bear the burden of proof on affirmative defenses
Source: CourtListener parenthetical corpus (CC0).
Judges: Workman, Davis, Maynard, McCuskey, McGraw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.