As amended through September 26, 2024
Rule 4.11 - Contempt (Following Payment Order)(a) Contempt proceedings for failure to comply with a payment order may be initiated by the plaintiff by Motion for Contempt for Non-Compliance with Payment Order and will result in the issuance of an order of notice to the defendant to appear before the court to show cause why the defendant should not be held in contempt of court. The court may require the plaintiff to file a Statement of Damages/Taxation of Costs prior to the issuance of orders of notice or prior to a hearing on the motion. (b) Upon receipt of the notice of filing from the court or upon receipt of the copy forwarded by the plaintiff, the defendant may waive formal service of process of any notices related to the contempt proceeding. (c) If the defendant does not elect to waive formal service, the court shall forward the orders of notice to the plaintiff. The plaintiff shall cause the orders of notice to be served upon the defendant either in-hand or by certified mail, restricted delivery, return receipt requested. If the plaintiff elects to serve the notice of hearing by certified mail, restricted delivery, return receipt requested, and if the return receipt is not signed by the defendant, then in-hand service shall be required. (d) At the contempt hearing, it shall be the burden of the plaintiff to establish that the defendant has failed to comply with the court's order. The defendant will then be required to show cause why the defendant should not be held in contempt for failure to comply with the court's order. (e) If the defendant fails to appear at the hearing and proof of service has been provided by the plaintiff, the court may proceed, and orders may be made in the defendant's absence or an order for arrest may be issued. (f) As a result of the hearing, the court may find the defendant in contempt and may make such orders as are appropriate, including a commitment to the house of corrections until the contempt is discharged. A contempt finding shall not end the proceedings nor satisfy any order for periodic payments. Future violations of the court's order for payments may also be dealt with as contempt. (g) Reasonable costs and fees incurred by the plaintiff in carrying out the provisions of this rule, in addition to statutory interest, shall be paid by the defendant. N.H. R. Cir. Ct. Sm. Clm. 4.11