Local Rule LR Gen P 4.03: Order of the Court; Confinement of Contemner

LR Gen P 4.03. Order of the Court; Confinement of Contemner.

If the alleged contemner is found to be in contempt of court, an order shall be entered:

(a) reciting the verdict or findings of fact upon which the adjudication is based; (b) setting forth the amount of the damages to which the complainant is entitled; (c) fixing the fine, if any, imposed by the Court payable to the Clerk of Court; (d) stating any other conditions necessary to purge the contempt; and (e) directing the arrest of the contemner by the United States Marshals Service and his or her confinement until the performance of the conditions in the order or until the contemner is otherwise lawfully discharged.

Unless the order specifies otherwise, the place of confinement shall be in a federally approved jail facility in the area where the Court is sitting. No party shall be required to pay or to advance to the United States Marshals Service any expenses for the upkeep of the prisoner. A certified copy of the order committing the contemner shall be sufficient warrant to the United States Marshals Service for the arrest and confinement of the contemner. The aggrieved party shall have the same remedies against the property of the contemner as if the order awarding the judgment were a final judgment.

In the event the alleged contemner is found not guilty of the charges, he or she shall be discharged from the proceeding and, in the discretion of the Court, may have judgment against the complainant for his or her costs and disbursements and a reasonable attorney's fee.