Rule 72 - Civil Contempt Proceedings(a)Scope. This rule governs proceedings seeking remedial sanctions for civil contempt in any proceeding under these rules. The rule implements and supplements the inherent and statutory powers of the court to impose such sanctions for failure to comply with a court order. The rule does not apply to proceedings seeking punitive sanctions for criminal contempt, to summary proceedings for contempt in the presence of the court, or to the imposition of sanctions for which a different procedure is specifically authorized by other provisions of these rules or by statute.(b)Procedure. (1) Initiation of Proceeding. A proceeding under this rule may be initiated by order of the court, either on its own motion or on the motion of a party. The court shall issue an order initiating a proceeding only if the alleged contempt, if proven, would be a clear and substantial violation of a previous order of the court. An order on the court's own motion must set forth the order violated and the specific facts alleged to constitute the contempt. An order on the motion of a party must be accompanied by the motion, which must be supported by an affidavit setting forth the order violated and those facts.(2) Notice; Service. The order of the court initiating the proceeding shall set the matter for evidentiary hearing and shall order that notice of the hearing, together with a copy of the order initiating the proceeding and any motion and affidavit, shall be served upon the respondent by the appropriate method provided in Rule 5(b) of these rules. The notice shall set forth the title of the action and the date, time, and place of the hearing and shall allow the respondent a reasonable time, not less than 14 days before the date set for hearing, to file an answer and prepare a defense. The notice may include an order to produce documents requested by the moving party or the court. The notice shall contain a warning that if the court finds the respondent to be in contempt, the court may impose sanctions, whether or not the respondent has answered or appeared in the proceeding. If the court has determined that it may consider imprisonment as a sanction, the notice shall so state and shall also advise the respondent that failure to retain or request counsel will result in a waiver of the right to be represented by counsel at the hearing.(3) Answer. The answer shall be made under oath and shall specifically address the factual allegations in the order initiating the proceeding or in an accompanying motion and affidavit. If the answer asserts that respondent is unable to make payments of money previously ordered by the court, it shall be accompanied by an affidavit of income and assets, which shall be in a form prescribed by the court administrator, as well as other information as the court may direct. Upon request of either party, or the court, the other party shall furnish information documenting the affidavit.(4) Hearing. At the hearing, the moving party, or the court in a proceeding on its own motion, has the burden of establishing the elements of contempt. The respondent may present evidence in defense and mitigation.(5) Order of Contempt. If the court finds that the respondent is in contempt, the court may enter judgment imposing appropriate sanctions as provided in subdivision (c) of this rule or may defer the imposition of sanctions until the respondent has had an opportunity to meet specific conditions that will purge the contempt. An order imposing sanctions or conditions must contain a clear description of the action that is required to purge the contempt. The order may set a date for hearing to determine whether the contempt has been purged.(6) Failure to Answer or Appear. If the respondent fails to answer or appear as required, the court may consider the factual allegations of the order or motion admitted and may find the respondent to be in contempt. After any further hearings that the court deems necessary, the court shall enter judgment imposing appropriate sanctions as provided in subdivision (c) of this rule.(c)Sanctions. The court may impose any of the following sanctions on a person found to be in contempt: (1) Coercive Imprisonment. A person found to be in contempt may be committed to an appropriate correctional facility until the person purges the contempt by performing the affirmative act required by the court;s previous order.(2) Coercive Fine. A person found to be in contempt may be assessed a fine to be paid to the State of Vermont: (A) in a specific amount to be paid by a date certain if the person has not purged the contempt by performing an affirmative act required by the court's previous order or by ceasing to engage in conduct prohibited by the court's previous order; or(B) in a specific amount to be paid for each day that the person fails to purge the contempt by performing such an affirmative act or ceasing to engage in such prohibited conduct.(3) Compensatory Fine. In addition to, or as an alternative to, sanctions imposed under paragraphs (1) or (2) of this subdivision, if loss or injury to a party in an action or proceeding has been caused by the contempt, the court may enter judgment in favor of the person aggrieved for a sum of money sufficient to compensate the aggrieved party for the loss or injury and to satisfy the costs and disbursements, including reasonable attorney's fees, of the aggrieved party. (4) Additional Relief. -- The court may also order additional relief that may be appropriate. (d)Purging Contempt. At a time set in the order of contempt issued under paragraph (b)(5), or on motion of either party, the court may hold a hearing to determine whether the contempt has been purged because (1) conditions set in the order of contempt have been met, or (2) the terms of the order violated have been complied with. The respondent has the burden of showing that the contempt has been purged. If the court finds that the contempt has been purged, the respondent will be relieved of any coercive sanctions imposed under paragraph (c)(1) or (2). If conditions set in the order of contempt have not been met, the court may set additional conditions or may impose sanctions in accordance with subdivision (c). If the order violated has not been complied with, any sanctions previously imposed may be continued or additional sanctions may be imposed.Added March 12, 2013, eff. 5/13/2013; amended Sept. 20, 2017, eff. 1/1/2018.Reporter's Notes-2018 Amendment
Rule 72(b)(2) is amended to change its 15-day time period to 14 days, consistent with the simultaneous "day is a day" amendments to V.R.P.P. 6.