Serving an Order in a Contempt

Proceeding (a) Order Initiating a Contempt Proceeding. (1) In General. An order initiating a contempt proceeding against a person or entity other than a party must be served by a United States marshal or deputy marshal or by a person specially appointed by the court. A person specially appointed for that purpose should make service as provided for in FRCP 4. (2) Proof of Service. Proof of service must be made in accordance with RCFC 45(b)(4). (b) All Other Orders Related to a Contempt Proceeding. All other orders related to a contempt proceeding must be served either: (1) in the manner prescribed by RCFC 4, if against an agent of the United States; or 3 RCFC 4 and 4.1 (2) in the manner prescribed by RCFC 5, if plaintiff’s plaintiff, against a representative, or a nonparty. a (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Aug. 3, 2015.) Rules Committee Notes 2002 Revision New RCFC 4.1 implements the contempt authority granted to this court by § 910 of the Federal Courts Administration Act of 1992, Pub. L. No. 102-572, 106 Stat. 4506, 4519-20. That section, now codified at 28 U.S.C. § 2521(b), (c) (1994), reads in relevant part as follows: (b) The United States Court of Federal Claims shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority as— of (1) misbehavior any person in its presence or so near thereto as the administration of justice; to obstruct (2) misbehavior of any of its official their in officers transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. (c) The United States Court of Federal Claims shall have assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for any district in which the Court of Federal Claims is sitting shall, when requested by the chief judge of the Court of Federal Claims, attend any session of the Court of Federal Claims in such district. The rule adopts the mode of service specified in FRCP 4.1, which requires that service of process, other than a summons, be effected upon non-parties through means more formal than mailing. See generally FRCP 4.1 Advisory Committee Notes (recognizing a distinction in service requirements between parties and non- parties); I.A.M. Nat’l Pension Fund v. Wakefield RCFC 5 4 Indus., 699 F.2d 1254, 1259-62 (D.C. Cir. 1983) (discussing service of contempt orders). 2008 Amendment The language of RCFC 4.1 has been amended to conform to the general restyling of the FRCP. In addition, subdivision (a)(1) has been changed in two respects. First, the phrase “or entity” has been added to make clear that the service requirements applicable to an order initiating a contempt proceeding against a nonparty apply to “a person or entity other than a party.” Second, the phrase “shall deliver a copy of the order to the person named therein” has been omitted in favor of the following new sentence: “A person specially appointed for that purpose should make service as provided for in FRCP 4(l).” No other substantive changes are intended. 2015 Amendment RCFC 4.1(a)(1) has been amended by striking the inclusion of subdivision (l) in the reference to FRCP 4.