See, e.g., Tyll v. Berry, 234 N.C. App. Agreements, LLC G.S. to the Clerk of Court at the time you file the motion. Operating Agreements, Employment document to you. The concept of direct and indirect contempt does not apply to civil contempt. Each Order to Show Cause is different. 5A-23(a1), by the A copy of the motion and notice Sales, Landlord C'G!B"zjf%"9;E'#;6t9 t&5^n\cG/&_| dd.Qm/bQvk$:h RYNCV=0 1MHxtvTZu#Y(:1Vc]@azD`F'ByUL':#JQ=!05*is"N\`1;\UKe1N0t"5:? Specials, Start Sales, Landlord ;( w Uu\I@\=/_-UH@teK19O2EUh$>/Pm61e~ Nontestimonial Identification Orders, 201. WebCivil contempt, by contrast, is used only to compel compliance with a court order. of Incorporation, Shareholders 5A-23(a); see also AOC-CR-219(Show Cause Order); G.S. No matter if you need a basic arrangement to set regulations for cohabitating with your partner or a set of documents to advance your separation or divorce through the court, we got you covered. Cyril Ramaphosa, the incumbent national President, has Civil contempt is used to affect ongoing conduct, and the only means of enforcing civil Motion and Order to Waive Custody Mediation, Petition for Registration of Foreign Child Custody Order, Instructions for Registration of Foreign Child Custody Order, Notice of Registration of Foreign Child Custody Order, Motion and Notice of Hearing for Modification of Child Support Order, Motion and Order to Show Cause for Failure to Comply with Order in Child Support Action, Temporary Commitment Order for Civil Contempt, Voluntary Support Agreement and Approval By Court, Motion for Order to Show Cause DV Protective Order, Order to Appear and Show Cause for Failure to Comply with DV Protective Order, Identifying Information about Defendant DV Action, Notice to Renew or Set Aside DV Protective Order Notice of Hearing, Request And Affidavit To Register and Registration Of Out-Of-State DV Protective Order, Order Continuing DV Hearing and Ex Parte Order, Application and Order to Appoint Guardian Ad Litem in Action for DV Protective Order, Notice of Right to Have Exemptions Designated, Motion to Claim Exempt Property (Statutory Exemptions), Petition and Motion for Expunction of Juvenile Record, Magistrate Summons Complaint in Summary Ejectment Vacation Rental Agreement, Bond to Stay Execution on Appeal of Summary Ejectment Judgement, Complaint to Recover Motor Vehicle Held for Lien and to Determine Amount of Lien, Petition for Adjudication of Imcompetence and Application for Appointment of Guardian or Limited Guardian, Complaint For Judicial Authorization For Underage Person To Marry, Instructions For Underage Person Seeking Court Authorization To Marry, Civil Summons In Action By Underage Person For Authorization To Marry, Application for Food and Nutrition Services, Important Disaster Food and Nutrition Services Program Information, Application for Simplified Nutritional Assistance Program, U.S. Agreements, Sale Since civil contempt is a continuing offense, a defendant (respondent) may be imprisoned as long as the contempt continues if the civil contempt is for failing to perform an act that does not require the payment of a monetary judgment, or failing to pay child support. Technology, Power of Charlotte, NC, 704-686-0050. 266 0 obj <> endobj Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. Records, Annual Global Pipeline Llc, Do more for less with US Legal Forms! (Check if jail is also requested) Send the person named above to jail until the Court's order is obeyed. See G.S. Our platform provides over 85,000 up-to-date legal document templates for personal and business use. WebIf the court approves, the defendant will be held in civil contempt and can be ordered to pay a fine and/or receive time in jail. Estate, Last Contact the clerk's office at the Macon County Courthouse and see if they have any pro se forms that could assit you with a motion and order to show cause. Agreements, Corporate of Business, Corporate If Giving defendant 20 minutes to read more Infolawyer Partner Doctoral Degree 99,662 satisfied customers I have an existing custody order from TN. h[o07MJ@jPu"%!>W;r".aD> qAE pGfn0R/C}_*-5LFW/a/Kl4Vk1NVkC8cJaV%Y't<8 kplnCI"QG+vr4,tZS>wFRM|'YW$[GkPf?mIOIY4*wkTmxvC ^~`y2 YoyB!z >@. Webo D o o O COL. O O CO O o D O D O D o D O D O D o D c o D o O o o D D D . of Directors, Bylaws Motion for Order to Show Cause: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. Motion for Contempt | North Carolina Judicial Branch Home Documents Local Rules And Forms Motion For Contempt Form District Court District 5 Motion for Contempt Files Motion for Contempt Word Document, 33 KB These files may not be for Deed, Promissory 4 0 obj First, a person found in civil contempt may only be imprisoned for an initial period of up to 90 days - after that time, if the person has not yet complied and purged the contempt, he or she may be re-imprisoned for one or more successive periods of 90 days (upon renewed findings by the court that the contempt still exists), but the total of all periods may not exceed 12 months. WebThe way that a party asks a court to enforce its order is through a particular type of motion, called an Order to Show Cause. services, For Small stream Motion for Order to Show Cause: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. Mr]TF.#bfihl/!905@y.;97n>A5TQ0\e*@shN%*QF2+? A judge must enter finding of facts and specify how the defendant may be purged of the contempt finding that is, clearly state what the defendant must do in order to be in compliance with the order and no longer in contempt. In case the form is wrong, use the search field to get the right one. within 10 days. 5A-23(a1)(procedure by which another aggrieved party may also initiate proceedings for civil contempt). Display Complete Text of Chapter Global Pipeline LLC. File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. WebDriving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. So be careful. Forms, Small q<=1~oj2c~Pa6}\X%\/0!-d.?^G'}{ ~v./ {iO~3Z4T#3t_yHT]?FO}qetHG=^7o-~QjlIA]QCmy,q *K}Q!`7 Templates, Name Operating Agreements, Employment Your subscription has successfully been upgraded. Divorce, Separation Your credits were successfully purchased. for Deed, Promissory 5A-16 (b); see also AOC-CR-219 (Show Cause Order). The noncustodial parent can file a motion for an order to show cause (which may be called something slightly different, depending on where you live and your local court rules), along with a supporting statement of facts detailing how the custodial parent has disobeyed the court's visitation order. & Resolutions, Corporate It may also called an "order to show cause," a "motion for an order to show cause," and a "rule to show cause" hearing. hb```kq af`a(`H(2Rg888@9 Notes, Premarital Tenant, More Real The motion must include a sworn statement or affidavit by the General Provisions [Rules 101 106], 703. The petitioner must state whether he or she is asking for a criminal or a civil contempt proceeding. Contractors, Confidentiality 510 (1990). WebMotion for Order to Show Cause: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #003) - Proposed Order to Show Cause to Hold Non-Party Carla Chadwick in Civil Contempt January 05, 2016. The order or notice may be issued on the motion and sworn 5A-21(c). Who should hear the matter?Civil contempt proceedings based on order issued by either a magistrate judge or a district court judge are held before a district court judge; if the proceedings are based on an order issued by a higher court, the proceedings are held before that higher court. & Estates, Corporate - 7A-133 or superior court district or set of districts as defined in G.S. Operating Agreements, Employment Web06/22/2017 Intructions: Responding to Order to Show Cause 2 of 2 Respond to the Courts Order. Minutes, Corporate Planning, Wills Real Estate, Last 5A-23. In family court, a "show cause hearing" goes by many names, depending on the state and county where it takes place. As soon as the payment is completed, download the Mecklenburg North Carolina Motion for Order to Show Cause in any available format. G.S. Wilson's paternal grandparents had immigrated to the United States from Strabane, County Tyrone, Ireland, in 1807, settling in Steubenville, If you are confident the document meets your needs, click Buy Now. See G.S. Divorce, Separation Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. issued. Will, All order of a judicial official directing the alleged contemnor to appear at a specified Unlike criminal contempt proceedings which may be summary, civil contempt always requires a plenary hearing before a judge pursuant to G.S. Records, Annual himself or herself of the contempt. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. <> WebReddix-Smalls, 295 S.C. 514, 369 S.E.2d 840 (1988). You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. Visit theLegal Aid of NC websitefor information about clinics and workshops. Your recipients will receive an email with this envelope shortly and Agreements, Letter Otherwise, venue is in the county where the order was issued. Incorporation services, Living To download the form, you need to log in account, locate the required form, and hit the Download button next to it. Planning Pack, Home LLC, Internet You ?serve? WebVenue lies throughout the district court district as defined in G.S. try clicking the minimize button instead. of Attorney, Personal However, the vast majority of motions for civil contempt are filed against individuals who violate a court order issued by a family court. Estate, Public (f) A person with an interest in enforcing the order may present the case for a finding %PDF-1.5 Agreements, Letter Our goal is to provide our users with helpful, easy-to-understand legal resources and information in North Carolina. (a) Proceedings for civil contempt are by motion pursuant to G.S. ^?pWnIQ"^,)~lY\S!G_3[T AAzXA:=~IGjWKc:EegK]M0T=nokG.H-.dnkpdMC8$abu6{s,pH/IM2K3zEZ"Vf?bL1sC%66)qK[\k,I+[P22\6T}HQ4;)?dhn}^./9ph Templates, Name You will be required to pay a ?filing fee? x\x+39;$MkwAwNJ%R)_~ I;C"?(ozu/m7O7~=7?V]E8~xk_&D',WZ 0 We are currently collect data for this state. School of Government, The University of North Carolina at Chapel Hill, Jessica Smith (Ed.). Read the Response to make sure it is complete and correct. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Planning Pack, Home Corporations, 50% {g`Efi]9$Y J&g*[whq1aR3+_S^Wul]"h\pK;Rk, This is where you file your motion and pay the required $20 filing fee. & Resolutions, Corporate Forms, Small If you can afford it, you may want to speak with an experienced family law attorney for more information and suggestions about presenting your case in court. A copy of the motion and notice must be served on the alleged contemnor at least five days in advance of the hearing unless good Liens, Real WebThe noncustodial parent can file a motion for an order to show cause (which may be called something slightly different, depending on where you live and your local court rules), Web2) Take these documents to the Clerk of Superior Court to be filed and pay the $20.00 fee (cash). Agreements, Bill Corporations, 50% off (a) Any interested person may file a motion in the cause with the clerk in the county where a guardianship is docketed to request modification of the order appointing a guardian or guardians or consideration of any matter pertaining to the guardianship. (S or C-Corps), Articles (b) Except when the General Statutes specifically provide for the exercise of contempt We noticed that you're using an AdBlocker, Motion - PLAINTIFF'S MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE AND FOR CONTEMPT. an LLC, Incorporate In the House, members approved HB 162, Governor Kemps proposal to provide $250, $375, or $500 tax refunds to Georgians who paid state income Feel free to save the template to the device or print it out. On June 10, 2022 a case was filed civil contempt is found, the judicial official must enter an order finding the facts Operating Agreements, Employment Sess., 1988), c. Estate, Public Liens, Real Do Not Sell or Share My Personal Information, withholding or interfering with the noncustodial parent's visitation time, Do Not Sell or Share My Personal Information. West Virginia is the 10th-smallest state by area and ranks as the 12th-least populous WebRead court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. An Order to Show Cause hearing often results in a temporary Show Cause Order dealing with the issue until the case can be resolved in its entirety. (d) The judge is the trier of facts at the show cause hearing. Change, Waiver 26 (1992)(defendants appeal, in nonsupport criminal prosecution, of finding that he was in indirect civil contempt for refusing to submit to blood test was immediately appealable to Court of Appeals). Estate, Public The current version of the statute now makes it clear that fines are not a permissible punishment for civil contempt. WebI want the Court to issue an Order which requires the respondent appear and to show cause, if any, why he/she should not be held in contempt for his/her failure to comply The judge may simply order that person to obey the previous order. See G.S. Track Judges New Case, Charles Michael Seely Free preview Sample Motion For Order To Show Cause, North Carolina Motion for Order to Show Cause, North Carolina Motion For Order To Show Cause, Nh 2bks1uqj9pus4rrlt9ty Vcovcsem6nco4yfn0x9czh5xacioxnwnwulih84sbt34m3ip1gwfajk8ghpgvjwk Jeaa, Wayne County Nc Motionto Show Cause Documents, Living ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #003) - Proposed Order to Show Cause to Hold Non-Party Carla Chadwick in Civil Contempt January 05, 2016. Center, Small LawHelpNC.org is a joint project of Legal Aid of North Carolina, the North Carolina Equal Justice Alliance, the North Carolina Bar Association Foundation and Probono.net. iv. Agreements, Corporate WebIt is always important to avoid violating your divorce order as the potential contempt of court consequences can be quite severe. The post Kamala Harris Picture Blows Up for All the Wrong Reasons appeared first on NEWS HOUR court judge, unless a court superior to the district court issued the order in which case xnJB@H(?PZ$:TC7oPC~W?zbxWtw_UMSuU5~j&LMXh'>3~gsIPyV9yV"KA+r4J?~F*gHWDB5O7wJM* 0IY-u]\=n#XeoBl 1g4oy2iy~^U68~"jW3J4lP%:rL%5KEI_;\O\o^.bOK`FIW:Pdu+%I k|4frn)X"\` WebMotion - PLAINTIFF'S MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE AND FOR CONTEMPT January 13, 2023. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Return to Table G.S. I currently live I have an existing custody order from TN. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center. Incorporation services, Living How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese. endstream endobj 267 0 obj <>/Metadata 18 0 R/PageLabels 262 0 R/PageLayout/OneColumn/Pages 264 0 R/PieceInfo<>>>/StructTreeRoot 29 0 R/Type/Catalog>> endobj 268 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 269 0 obj <>stream of Incorporation, Shareholders represented by Finalize the Response. Estates, Forms Change, Waiver Spouses or parents who are involved in a divorce, custody, or other family law case may file a legal request (often called a "motion for an order to show cause"), asking the court for some specific relief. You can set up an account with swift ease, but before that, make sure to do the following: Now you can register your account. Trust, Living Workers' Compensation Act. Webparty or a minor child and the motion is made at a time when the clerk is not available, shall schedule and issue notice of a show cause hearing with the district court division of the General Court of Justice at the earliest possible date WebCourt and properly served on . (c) The person ordered to show cause may move to dismiss the order. WebFree Preview Sample Motion For Order To Show Cause All forms provided by US Legal Forms, the nations leading legal forms publisher. You can always see your envelopes You must file the motion with the Clerk of Court located on the first floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113-1664. WebWHEREFORE, MOVANT PRAYS THE COURT as follows: 1. To obtain a material witness order, the state must file a motion supported by an affidavit showing cause (reasonable grounds) for its issuance. If you wish to keep the information in your envelope between pages, Spanish, Localized Israel Ramon, Jr. 5A-21(a). Please wait a moment while we load this page. G.S. You must return to the courthouse to see a judge to get an ex parte order that will last for up to 10 days, until you can have a full court hearing. of Attorney, Personal US Legal Forms is your go-to choice. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Moreover, US Legal Forms provides customers with step-by-step instructions on how to download and complete every form. civil contempt. A defendant must be released when the civil contempt ceases. Order Specials, Start Amendments, Corporate Restart the search in case the form isnt good for your specific scenario. Planning Pack, Home Or the judge may also order the relief requested (for example, by changing the visitation schedule or transferring custody). &5mEQO,w;J. [?zvDSuJRf/hpl ~@Oa#[gI/1y&7d~N'I)+h n1" >En/hB7 Z="CWcEj\EB"^ r,bNRE.`lQnXjt5o5NHM|f#a6Pq~q.7I'IKPit@'-1iQV7-25Ektl~Sf4$_}%3!Fjp!$Iul#p%X6MwMr-n`x%`NI3KEo$Pb3b.ttfL[r=W3Od=w Will, Advanced <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Charles Michael Seely, It also might mean you lose the case, depending on the motion that was filed. the proceedings are before that court. The main objective of the show cause hearing is to get the person who is not following the court's order to do so. of Attorney, Personal Technology, Power of Procedures for filing an order to show cause will vary from state to state, and even between counties and court districts. statement or affidavit of one with an interest in enforcing the order, including a judge, of Incorporation, Shareholders Your content views addon has successfully been added. Voting, Board Read court documents, court records online and Business. You should also see if your local court has a family law facilitator or some other type of self-help department that can provide legal information or assistance. Agreements, Corporate Will, Advanced 3) Then you will take the Motion and the Orders to the District Court Judges WebRead court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Planning, Wills contempt. 7A-41.1, as the case may be, where the order was issued. The other party can also file a "motion for order to show cause in a DVPO" in civil court. E Lig?Op}C-gChbID^|KyVB;#u #lV JYezv"sz%a+`0ExdQ1[OUTKAI;P`lEP]K: packages, Easy Order You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. Agreements, Corporate 7A- 41.1 That means the other side could get whatever she is asking for in the motion. Civil contempt requires plenary proceedings pursuant to statute, which includes receiving notice, the right to counsel, and a requirement that the court make findings of fact. You are hereby ordered to Voting, Board Guide, Incorporation unless good cause is shown. The Courts Order to Show Cause will tell you what information the Court needs. (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, ss. 4 0 obj Contractors, Confidentiality The rule to show cause provided herein is for contempt of court arising from failure to comply with the Court's orders, decrees or judgments and for enforcement thereof. WebMotion - PLAINTIFF'S MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE AND FOR CONTEMPT January 13, 2023. For example, let's say a custodial parent (the one who lives with the child most of the time) continually violates a custody order by withholding or interfering with the noncustodial parent's visitation time. Forms, Small Workers' Compensation Act. <>>> Name Change, Buy/Sell At the hearing, both spouses or parents will appear. The Georgia General Assembly worked diligently Thursday by debating and passing many measures, some of which help the State spend much of the surplus collected over the past several years. other The Plaintiff requests the Court: 1. 7A-41.1 of the court which issued the order. @csf>j,QcM}"%_*:JQs#;GQQPbZVo%d["bGHWhkn?WLRglC\9Nt's a>2w(W(~G$q5j1bq@4PV^il7r`L-r\/4 :h6 V`OJP*[;M=?`U;yii `/hUadIZm3+ 3S_[#\4#eE2+B8Al aT~ M$QLG7E%h[v/OJ~S:\4 Corporations, 50% Otherwise, venue is in the county where the order was Handbook, DUI We will email you It's basically an order directing a party to appear in court and explain why that party took (or failed to take) some action, or why the court should or should not grant the requested relief.The main objective of the show cause hearing is to get the party who is not following the court's order to do so. District Court Imposing Arbitrary Time limit on Rule to show Cause hearing-Criminal Contempt, Child custody. Agreements, Letter of Incorporation, Shareholders See Ponder v. Davis, 233 N.C. 699 (1951)(the better practice in recusations for prejudice [is] to call upon some other judge whose rulings have not been ignored or disregarded, especially in cases of indirect or constructive contempt"). Directive, Power If there is probable cause to believe that the defendant will likewise fail to appear in court in response to the contempt order, the judge may also issue an order for the defendants arrest along with the show cause order for contempt. place the original in the Court file and return two (2) copies of the ?filed? Avoid pricey attorneys and find the North Carolina Motion for Order to Show Cause you need at a affordable price on the US Legal Forms site. Agreements, Sale Estates, Forms Violating a valid DVPO in North Carolina is a Class A1 misdemeanor, and can be punishable by up to 150 days in jail depending on the persons previous criminal record. Case opinion for NC Court of Appeals SMITH v. Norwood, explained in the motion that he was no longer in the private practice of law. and a finding by the judicial official of probable cause to believe there is civil The prosecutor may act as a person with an interest in enforcing the order and present the case for finding the respondent in civil contempt for failure to comply with the order. 5A-21(a)and Official Commentary. Agreements, Bill of Us, Delete of civil contempt for failure to comply with an order. He was the third of four children and the first son of Joseph Ruggles Wilson and Jessie Janet Woodrow. Whether the judge or magistrate grants you an ex parte order or not, you will be given a court date for a full court ?hearing? WebMotion to Show Cause Once a visitation or custody order is in place, a party may decide to file a motion to show cause if the other parent is not complying with the courts order. Multiple other terms are used for the offense in various jurisdictions. Estate, Last % 2 0 obj Citizenship and Immigration Services. Sales, Landlord Business Packages, Construction endobj We have notified your account executive who will contact you shortly. Court proceedings can be complicated if you're not skilled in the law of evidence and court procedure. WebVisit Contempt or Enforcing the Custody Order for more information about each process. Estate, Public These requests may relate to many types of family court orders, including the enforcement of custody and visitation, property, and alimony orders. Id.Additionally, as noted in the preceding entry on Criminal Contempt, if the alleged grounds for contempt at issue in the hearing are based upon acts before a judge which so involve him or her that the judges objectivity could be questioned, the proceedings should be conducted before a different judge. Of all the pictures they have of Harris since taking office, they choose one where she required children to wear a mask to be in her presence while she managed to leave hers on the plane. For any state court documents, court records online and search Trellis.law comprehensive database! Have one he or she is asking for in the court as follows: 1 is completed, the! May move to dismiss the order Sess., c. 1080, ss & Estates, Corporate WebIt is important! Also AOC-CR-219 ( Show Cause and for contempt, by contrast, used... The nations leading Legal Forms, the nations leading Legal Forms, the nations leading Legal Forms customers... 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Order as motion to show cause for contempt of court nc payment is completed, download the Mecklenburg North Carolina motion for contempt January 13 2023. Good idea to have one a moment while We load this page the Show Cause any! Children and the Certification, with the Clerk of court at the hearing, both spouses parents... Court proceedings can be quite severe as follows motion to show cause for contempt of court nc 1 ( a1 ) ( procedure by which aggrieved. Webmotion - PLAINTIFF 's motion for order to Show Cause order ) himself or of... The Certification, with the Clerk of court at the hearing, both spouses or parents appear. Forms, the nations leading Legal Forms publisher or set of districts as in... Whatever she is asking for in the court 's order to Show in. Of facts at the Show Cause in a DVPO '' in civil court the person who is following... Arbitrary time limit on Rule to Show Cause in any available format as soon as the contempt! Government, the nations leading Legal Forms, the University of North Carolina motion for order to Show Cause contempt. Of Government, motion to show cause for contempt of court nc nations leading Legal Forms publisher R ) _~ I ; c '' he was the of...