Local Rule Rule 100.3: Civil Contempt

Rule 100.3 Civil Contempt

(a) Rights of Contemnor.

In all cases of civil contempt, the contemnor shall have due notice of the contempt charges, opportunity to reply to the charges, and notice of the date and place of hearing in open court from which the public shall not be excluded.

(b) Summary Contempt Proceedings.

In contempt proceedings where the court may act summarily, the contemnor shall have the right to defend against the charges and to offer evidence in the form of affidavits. The movant shall have the right to offer similar evidence.

(c) Plenary Contempt Proceedings.

In contempt proceedings where the court may not act summarily, the presentation of evidence is governed by Rule 1101 of the Federal Rules of Evidence. In no case of civil contempt, however, shall the parties be entitled to trial by jury; rather, the district judge before whom the matter is tried shall find the facts and enter a judgment or order in accordance with the provisions of the Federal Rules of Civil Procedure applicable to non-jury cases.