LBR 9020-1. ORDER TO SHOW CAUSE RE CONTEMPT

LBR 9020-1. ORDER TO SHOW CAUSE RE CONTEMPT

(a) General. Unless otherwise ordered by the court, contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1 and a proposed order to show cause re contempt.
(b) Motion. The motion must be served on the responding party which shall have 7 days to object to the issuance of the order to show cause.
(c) Proposed Order to Show Cause re Contempt.
(1) The proposed order must clearly apprise the party to whom it is to be directed that such party must show cause, if any there is, why that party should not be held in
contempt for the allegedly contemptuous conduct.
(2) The allegedly contemptuous conduct must be clearly identified in the proposed order and not just by reference to the content of the motion.
(3) The proposed order must have blank spaces in which the court may fill in the date,
time, and location of the hearing and the dates by which a responsive pleading and
reply thereto are due.
(d) Hearing on Issuance of Order to Show Cause re Contempt.
(1) If no responsive pleadings to the motion for the order to show cause are received
by the court within the time allowed, the court may conclude that there is no objection to issuance of the order to show cause.
(2) No hearing on the motion for issuance of the order to show cause will be held
unless the court so orders.
(3) If the motion for order to show cause is granted without a hearing, the court will
issue and forward to the moving party the order to show cause setting the date and
time of the contempt hearing.
(e) Service of Order to Show Cause re Contempt.
(1) Unless the court orders otherwise in the order to show cause, the moving party must serve the issued order to show cause on the respondent not later than 21 days before the date set for the hearing.
(2) Personal service of the issued order to show cause is required on any entity not
previously subject to the personal jurisdiction of the court.
(3) All other entities may be served either personally or by mail in accordance with
FRBP 7004.
(f) Hearing on Merits of Order to Show Cause re Contempt. At the hearing, the court may treat as true any uncontroverted facts established by declaration and limit testimony to controverted facts only.
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