Local Rule LR Gen P 4.01: Initiation of Civil Contempt Proceedings
N.D. W.Va. — General rule
LR Gen P 4.01. 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 specify the alleged misconduct, any claim for damages and any evidence that is available to the moving party as to the amount of damages. A reasonable attorney's fee may be included as an item of damage. Where the alleged contemner 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. In all other instances, service shall be made personally in the manner provided for by the Federal Rules of Civil Procedure for the service of a summons. Upon a showing of necessity, the Court may issue an order to show cause, which may include a direction to the United States Marshals Service to arrest the alleged contemner and hold him or her on bail in an amount fixed by the order, conditioned upon his or her appearance at the hearing and further conditioned that the alleged contemner will hold himself or herself thereafter amenable to all orders of the Court for his or her surrender.