2025 Session Last amended: 2013 session

§ 588.04 — Arrest; Order to Show Cause

Plain-Language Summary

For constructive contempt (contempt that happens outside the judge's presence, such as disobeying a court order), an affidavit describing the contempt must be filed with the court. The court may then issue an arrest warrant or an order to show cause requiring the person to appear and explain their actions.

588.04 ARREST; ORDER TO SHOW CAUSE.

(a) In cases of constructive contempt, an affidavit of the facts constituting the contempt shall be presented to the court or officer, who may either issue a warrant of arrest to bring the person charged to answer or, without a previous arrest, upon notice, or upon an order to show cause, which may be served by a sheriff or other officer in the same manner as a summons in an action, may commit the person to jail, impose a fine, or both, and make such order thereupon as the case may require.

(b) When the underlying case involves an obligation arising out of a consumer debt primarily for personal, family, or household purposes, and the contempt is a failure to comply with judgment debtor disclosure requirements under section 491A.02, subdivision 9, or 550.011, bail must be set at $50. For a subsequent contempt for a failure to disclose in the same action, bail must be an amount set by the court after considering aggravating and mitigating factors. Bail posted under this section must be returned to the judgment debtor.

History:

(9796) RL s 4642; 1986 c 444; 2013 c 104 s 5

History: History: (9796) RL s 4642; 1986 c 444; 2013 c 104 s 5

Practical Notes

When this applies: When someone is accused of constructive contempt, such as violating a court order, ignoring a subpoena, or failing to comply with judgment debtor disclosure requirements. Who this affects: Anyone accused of disobeying a court order or otherwise committing contempt outside the judge’s presence. Key points: The process begins with an affidavit describing the contemptuous conduct; the court can issue a warrant of arrest or an order to show cause; the order to show cause is served like a summons; after hearing, the court may impose jail time, a fine, or both; in consumer debt cases involving failure to comply with judgment debtor disclosure, bail must be set at $50 for the first contempt and the bail is returned to the debtor.

Source: Minnesota Office of the Revisor of Statutes