Rule 32.4 - 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: (2) considering whether and when the filing of an answer is necessary;(3) considering whether discovery is necessary;(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;(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
Rule 32.4 applies to all proceedings to enforce compliance with orders or judgments formalized by court order, for the violation of which civil contempt is an appropriate remedy. Section (a) provides that indirect civil contempt proceedings are initiated by motion and clarifies that they are treated as part of the action out of which the contempt arose. Consequently, no filing fee is required.
Section (b) prescribes what must be included in an indirect civil contempt motion and, because of the serious nature of an allegation of civil contempt, requires verification or accompanying appropriate affidavits.
Section (c) endows the summons with unusual significance. Because of the expedited and grave nature of a civil contempt proceeding, the summons: "issue[s] only on a judge's order"; must "direct the parties to appear before the court at a date and time certain" after service of the order; and must specifically state what will happen when the parties appear. Section (c) seeks to permit flexibility with respect to what occurs when the parties first appear in answer to the summons. Depending on the nature of the alleged contempt, a case may or may not benefit from the filing of an answer, expedited discovery, or an immediate hearing. Consequently, the rule gives wide discretion to the judge to determine what should happen when the parties appear: a "hearing on the merits," if it makes sense to have that quickly; scheduling a trial; considering dispensing with an answer; expediting discovery, if discovery is necessary; requiring initial compliance by the defendant pending a hearing; or considering other appropriate matters or requiring other appropriate acts to be performed. Under section (c)(3), a party must seek an order permitting discovery, unlike normal discovery provisions which permit parties, on their own, to initiate discovery.