ORDER TO SHOW CAUSE BY APPEARING AND FILING WRITTEN

EXPLANATION WHY PARTY SHOULD NOT BE HELD IN CONTEMPT (a) General. Unless otherwise ordered by the court, contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1 and a lodged order to show cause. Cause must be shown by filing a written explanation why the party should not be held in contempt and by appearing at the hearing. (b) Motion.

The motion must be served on the responding party which shall have 7 days 138 LBR 9020-1 to object to the issuance of the order. (c) Proposed Order to Explain in Writing and Appear at Hearing. (1) The proposed order must clearly apprise the party to whom it is to be directed that such party must show cause by filing a written explanation, if there is an explanation, why that party should not be held in contempt for the allegedly contemptuous conduct and by appearing at the hearing. (2) In the proposed order: (A) The allegedly contemptuous conduct must be clearly identified and not just by reference to the content of the motion.

(B) The possible sanctions and grounds for sanctions must be clearly identified. (3) The proposed order must have blank spaces in which the court may fill in the date, time, and location of the hearing, and the dates by which the written explanation must be filed and served. (d) Hearing on Issuance of Order to Show Cause Why Party Should Not be Held in Contempt. (1) If a written explanation is not timely filed and a judge’s copy served, the court may conclude that there is no objection to issuance of the order to show cause.

(2) No hearing on the motion for issuance of the order to show cause will be held unless the court so orders. (3) If the motion for order to show cause is granted without a hearing, the court will issue and forward to the moving party the order to show cause setting the date and time of the hearing on why the party should not be held in contempt. (e) Service of Order to Show Cause Why the Party Should Not be Held in Contempt. (1) Unless the court orders otherwise in the order to show cause, the moving party must serve the issued order to show cause on the respondent not later than 21 days before the date set for the hearing.

(2) Personal service of the issued order to show cause is required on any entity not previously subject to the personal jurisdiction of the court. (3) All other entities may be served either personally or by mail in accordance with FRBP 7004. (f) Hearing on Merits of Order to Show Cause Why Party Should Not be Held in Contempt. At the hearing, the court may treat as true any uncontroverted facts 139 LBR 9021-1 established by declaration and limit testimony to controverted facts only.