Family adoption Rules
RULE 14.
Rule 14.
Contempt
14.01 InitiationContempt proceedings shall be initiated upon the alleged contemnor by personal service of an order to show cause, a motion for contempt, and an affidavit supporting the motion. The order to show cause shall direct the alleged contemnor to appear and show cause why he or she should not be held in contempt of court and why the moving party should not be granted the relief requested in the motion. The order to show cause shall contain at least the following:(a) a reference to the specific order of the court alleged to have been violated and date of filing of the order;
(b) a quotation of the specific applicable provisions ordered;
(c) a statement identifying the alleged contemnor’s ability to comply with the order; and(d) a statement identifying the alleged contemnor’s failure to comply with the order.
14.02 Supporting and Responsive AffidavitsThe supporting affidavit of the moving party shall set forth with particularity the facts constituting each alleged violation of the order. Any responsive affidavit shall set forth with particularity any defenses the alleged contemnor will present to the court. When possible, the supporting affidavit and the responsive affidavit shall contain paragraphs numbered to correspond to the paragraphs of the motion.
14.03 HearingThe alleged contemnor shall appear before the court to be afforded an opportunity to oppose the motion for contempt by sworn testimony. The court shall not act upon affidavit alone, absent express waiver by the alleged contemnor of the right to offer sworn testimony.
14.04 SentencingSubdivision 1.Default of Conditions for Stay.Where the court has entered an order for contempt with a stay of sentence and there has been a default in the performance of the condition(s) for the stay, before a writ of attachment or bench warrant may be issued, an affidavit of non-compliance and request for writ of attachment shall be served upon the defaulting party, unless the person is shown to be avoiding service.Subd. 2.Writ of Attachment or Bench Warrant.The writ of attachment or bench warrant shall direct law enforcement officers to bring the defaulting party before the court for a hearing to show cause why the stay of sentence should not be revoked. The moving party shall submit a proposed order for writ of attachment or bench warrant to the court.Subd. 3.Sanctions.Upon evidence taken, the court shall determine the guilt or innocence of the alleged contemnor. If the court determines that the alleged contemnor is guilty, the court shall order punishment by fine or imprisonment for not more than six (6) months, or both.Subd. 4.Authority of Court.Nothing in these rules shall be interpreted to limit the inherent authority of the court to enforce its own orders.
(Amended effective January 1, 2024.)