Enforcement of Orders

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 19

Jurisdiction: US

Bluebook Citation: FISC R. 19

(a) Show Cause Motions. If a person or entity served with a Court order (the "recipient") fails to comply with that order, the government may file a motion for an order to show cause why the recipient should not be held in contempt and sanctioned accordingly. The motion must be presented to the Judge who entered the underlying order. (b) Proceedings. (1) An order to show cause must: (i) confirm that the underlying order was issued; (ii) schedule further proceedings; and (iii) afford the recipient an opportunity to show cause why the recipient should not be held in contempt. (2) A Judge must conduct any proceeding on a motion to show cause in camera. The Clerk must maintain all records of the proceedings in conformance with 50 U.S.C. § 1803(c). (3) If the recipient fails to show cause for noncompliance with the underlying order, the Court may find the recipient in contempt and enter any order it deems necessary and appropriate to compel compliance and to sanction the recipient for noncompliance with the underlying order. ( 4) If the recipient shows cause for noncompliance or if the Court concludes that the order should not be enforced as issued, the Court may enter any order it deems appropriate. Title VI. Supplemental Procedures for Proceedings Under 50 U.S.C. § 1881a(h)

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