Form 26-15

The respondent may not be incarcerated for contempt unless he personally appeared at the show-cause hearing. If the respondent did not appear, he may be brought into court under a capias or writ of attach­ment. See section 26.7:8 in this chapter. This form assumes that the respondent appeared at the hear­ing. A writ of attachment and commitment order is at form 26-16. For the motion on which this order is based, see form 26-12. See also section 26.7:5 regarding contempt judgments generally.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Contempt Judgment

On [date], a hearing was held on the motion of [name of plaintiff], Movant, to hold [name of respondent], Respondent, in contempt of court for refusing to obey this Court’s order to [answer interrogatories/give deposition].

Movant appeared [by attorney/in person and by attorney].

Respondent appeared [in person/in person and by attorney].

The Court considered the pleadings and official records on file in this cause and the evi­dence and argument of counsel.

The Court finds that on [date], this Court ordered [name of respondent], Respondent, to forward to Movant’s attorney of record on or before [date] a complete, sworn set of written answers to the interrogatories in aid of judgment that Movant addressed to Respondent and served on [date].

The Court further finds that Respondent did not forward to Movant’s attorney of record any answers to Movant’s interrogatories.

The Court finds that on [date], this Court ordered [name of respondent], Respondent, to appear and give [his/her] deposition and produce certain documents at [address, city, county] County, Texas, on [date], at [time].

The Court further finds that Respondent did not appear and give [his/her] deposition and did not produce certain documents as ordered.

The Court further finds that Respondent’s refusal to comply with this Court’s order was without substantial justification.

The Court further finds that, under rule 215 of the Texas Rules of Civil Procedure, Respondent’s refusal to comply with this Court’s order is a contempt of court and that Respondent should be punished for contempt and jailed until Respondent complies with this Court’s order.

The Court further finds that Respondent should pay all court costs of this proceeding.

It is accordingly ADJUDGED that [name of respondent], Respondent, is in contempt of this Court.

It is ORDERED that Respondent be fined $[amount] and confined in the county jail of [county] County, Texas, for a period of [period of time].

It is further ORDERED that Respondent thereafter be further confined in that jail until Respondent has fully purged himself of this contempt by forwarding to Movant’s attorney of record, [name of attorney], at [address, city, state] a complete, sworn set of written answers to the interrogatories in aid of judgment that Movant addressed to Respondent and served on [date].

It is further ORDERED that Respondent thereafter be further confined in that jail until Respondent has fully purged [himself/herself] of this contempt by

1.giving [his/her] deposition to Plaintiff’s attorneys at a time agreed on by Plaintiff’s attorney between the hours of 8:00 a.m. and 5:30 p.m., on any Monday, Tuesday, Wednesday, Thursday, or Friday, the deposition to take place within seventy-two hours of notification of Plaintiff’s attorneys of Respondent’s desire to give the deposition. Respondent may orally notify Plaintiff’s attorney by telephone between the hours of 8:00 a.m. and 5:30 p.m. at [phone number] by speaking with or leaving a message for [name]. Respondent may notify Plaintiff’s attorneys in writing by mail at [address], with notice to [name];

2.delivering to [name of attorney], Movant’s attorney of record, at [address, city, state], the following documents: [list documents as in subpoena or deposition notice]

It is further ORDERED that Respondent—

1.pay to the clerk of this Court $[amount] as costs of this proceeding; and

2.pay to Movant $[amount] as attorney’s fees and $[amount] as expenses incurred by Movant in bringing this proceeding.

It is further ORDERED that [name of respondent], Respondent, be committed to the custody of the sheriff of [county] County, Texas, to be confined in the county jail of [county] County, Texas, as herein ordered.

It is further ORDERED that Respondent may be released on execution of a surety bond in the amount of $[amount] executed by a corporate surety licensed to do business as such in Texas, payable to [name of judgment plaintiff], and delivered to the officer executing the attachment, conditioned that on or before [date], Respondent will comply with all require­ments of this contempt judgment against Respondent, and that if Respondent does not do so Respondent’s bond will be forfeited and Respondent will be arrested and jailed under this contempt judgment. Personal recognizance in lieu of bond will not be permitted.

It is further ORDERED that all commitments, writs, attachments, and other process necessary for the enforcement of this order be issued.

A certified copy of this judgment is to be attached to the order of commitment to show the authority of the clerk for issuance.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]