Indirect Civil Contempt

(a) Commencement. A civil contempt proceeding may be commenced by the filing of a motion for contempt with the clerk of the court whose order or judgment is claimed to have been violated. No filing fee shall be required in connection with the filing of the motion for civil contempt. The proceeding shall be considered part of the action out of which the contempt arose. (b) Contents of the Motion. The motion for civil contempt shall contain: (1) a statement of the order or judgment involved, or a copy thereof, if available, and the name of the issuing judge where appropriate; (2) the case caption and the docket number of the case; (3) a short, concise statement of the facts on which the asserted contempt is based; and (4) a request for the issuance of a summons as specified below. The motion for civil contempt shall be verified or supported by affidavits. (c) Summons. The summons shall issue only on a judge’s order and shall direct the parties to appear before the court at a date and time certain for the purpose(s) specifically stated therein of: (1) scheduling a trial; (2) considering whether and when the filing of an answer is necessary; (3) considering whether discovery is necessary; 170 (4) holding a hearing on the merits of the motion; or (5) considering such other matters or performing such other acts as the court may deem appropriate. A hearing on the merits of the motion shall be held not less than seven (7) days after service of the summons. (d) Service of the Summons and Motion. The following shall be served upon the alleged contemnor: (1) a copy of the summons; (2) a copy of the motion for civil contempt; (3) a copy of the accompanying affidavits; and (4) if incarceration to compel compliance is sought, notice to the alleged contemnor in the following form: TO THE PERSON ALLEGED TO BE IN CONTEMPT OF COURT: 1. It is alleged that you have disobeyed a court order, are in contempt of court, and should go to jail until you obey the court’s order. 2. You have the right to have a lawyer. If you already have a lawyer, you should consult the lawyer at once. If you do not now have a lawyer, please note: (a) A lawyer can be helpful to you by: (1) explaining the allegations against you; (2) helping you determine and present any defense to those allegations; 171 (3) explaining to you the possible outcomes; and (4) helping you at the hearing. (b) Even if you do not plan to contest that you are in contempt of court, a lawyer can be helpful. (c) If you want a lawyer but do not have the money to hire one, you may ask the court to appoint one for you. 3. IF YOU DO NOT APPEAR FOR A SCHEDULED COURT HEARING BEFORE THE JUDGE, YOU WILL BE SUBJECT TO ARREST. Comment