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LR Civ P 4.1.1

Initiation of Civil Contempt Proceedings

A proceeding to adjudicate a person in civil contempt of court shall be commenced by the service of a notice of motion or order to show cause. The affidavit upon which the notice of motion or order to show cause is based shall state with particularity the misconduct complained of, the claim, if any, for damages, and any evidence that is available to the moving party as to the amount of damages. A reasonable attorney=s fee, necessitated by the contempt proceeding, may be included as an item of damage. Where the alleged contemnor has appeared by an attorney, the notice of motion or order to show cause and the papers upon which it is based may be served upon his or her attorney; otherwise, service shall be made personally in the manner provided for by the Federal Rules of Civil Procedure for the service of a summons. If an order to show cause is sought, the order, upon a showing of necessity, may include a direction to the United States Marshal to arrest the alleged contemnor and hold him or her on bail in an amount fixed by the order, conditioned for his or her appearance at the hearing, and further conditioned that the alleged contemnor will hold himself or herself thereafter amenable to all orders of the court for his or her surrender.