As amended through June 11, 2024
Rule 19.005 - REMEDIAL AND PUNITIVE CONTEMPT ACTIONS(1) These rules apply to all actions seeking civil relief for a violation of a court order, whether remedial or punitive.(2) The parties are designated plaintiff and defendant.(3) Plaintiff initiates the action by filing a motion supported by a declaration/affidavit alleging the basis for the order, together with a show cause order describing relief sought from the court.(4) Court Clerk then issues a new Criminal Contempt case number. Plaintiff shall notate the new Criminal Contempt case number on the judgment/order sought to be enforced on the face of pleadings.(5) Plaintiff must appear at ex parte for the issuance of the show cause order. Plaintiff does not need to give notice of the ex parte appearance.(6) If the plaintiff is seeking confinement as a remedy, the initial appearance will be for advice of rights and potential appointment of counsel for the defendant.(7) If the defendant fails to appear as scheduled, the court may issue a bench warrant for defendant's arrest. Defendant's next appearance will be at the Law Enforcement Center (LEC). When defendant appears, LEC court staff will consult with calendaring court staff to get a new court date, provide that date to the defendant, and send notice of scheduled court appearance to the plaintiff.(8) If the plaintiff fails to appear for any hearing (excepting for appearance at LEC after issuance of a bench warrant), the contempt action will be dismissed.(9) Any order arising from the contempt action will be read into the original case file to avoid competing orders.Amended effective 2/1/2024.