(a) A proceeding to adjudicate a person in civil contempt of court, including a case provided
for in Fed. R. Civ. P. 37(b)(1) and 37(b)(2)(A), shall be commenced by the service of a
notice of motion or order to show cause.
The affidavit upon which such notice of motion or order to show cause is based shall set
forth with particularity the misconduct complained of, the claim, if any, for damages
occasioned thereby, and such evidence as to the amount of damages as may be available
to the moving party. Reasonable attorney’s fees necessitated by the contempt proceeding
may be included as an item of damage. Where the alleged contemnor has appeared in the
action by an attorney, the notice of motion or order to show cause and the papers upon
which it is based may be served upon the attorney; otherwise, service shall be made
personally, in the manner provided in Fed. R. Civ. P. 4 for the service of a summons. If
an order to show cause is sought, such order may upon good cause shown embody a
direction to the United States Marshal to arrest the alleged contemnor and hold him or
her in bail in an amount fixed by the order, conditioned upon his or her appearance at the
hearing and upon his or her holding himself or herself amenable thereafter to all orders of
the Court for surrender.
(b) If the alleged contemnor puts in issue the alleged misconduct or the damages thereby
occasioned, they shall upon demand be entitled to have oral evidence taken on the issues,
either before the Court or before a master appointed by the Court. When by law the
alleged contemnor is entitled to a trial by jury, they shall make a written demand therefor
on or before the return day or adjourned day of the application; otherwise, they will be
deemed to have waived a trial by jury.
(c) In the event the alleged contemnor is found to be in contempt of court, an order shall be
made and entered:
(1) reciting or referring to the verdict or findings of fact upon which the adjudication
is based;
(2) setting forth the amount of the damages to which the complainant is entitled;
(3) fixing the fine, if any, imposed by the Court, which fine shall include the damages
found, and naming the person to whom such fine shall be payable;
(4) stating any other conditions, the performance of which will operate to purge the
contempt; and
(5) directing the arrest of the contemnor by the United States Marshal, and their
confinement until the performance of the condition fixed in the order and the
payment of the fine, or until the contemnor be otherwise discharged pursuant to
law.
The order shall specify the place of confinement. No party shall be required to pay or to
advance to the Marshal any expenses for the upkeep of the prisoner. Upon such an order,
no person shall be detained in prison by reason of the non-payment of the fine for a period
exceeding six (6) months. A certified copy of the order committing the contemnor shall
be sufficient warrant to the Marshal for the arrest and confinement. The aggrieved party
shall also have the same remedies against the property of the contemnor as if the order
awarding the fine were a final judgment.
(d) In the event the alleged contemnor shall be found not guilty of the charges made against
them, they shall be discharged from the proceeding and, in the discretion of the Court,
may have judgment against the complainant for their costs and disbursements and a
reasonable counsel fee.
