This form may be used if the respondent fails to appear at the show-cause hearing and the movant is unable to show a voluntary, knowing, and intelligent waiver.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order for Writ of Attachment
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. The Court finds that Respondent, although having been personally served with a copy of the Motion to Hold [name of respondent] in Contempt, the Show-Cause Order, and the Show-Cause Notice on [date], failed to appear.
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 Movant’s interrogatories that were addressed to Respondent on [date]/appear and give [his/her] deposition and produce certain documents at the offices of Movant’s attorney of record on or before [date]] and that Movant recover reasonable attorney’s fees in the sum of $[amount] against Respondent.
The Court further finds that Respondent did not [deliver a complete copy of answers to Movant’s interrogatories/appear and give [his/her] deposition and produce certain documents] to Movant’s attorney of record and did not pay the attorney’s fees as ordered.
As it appears to the Court that Respondent may have committed contumacious acts by Respondent’s refusal to obey this Court’s order to [answer interrogatories/appear and give [his/her] deposition and produce certain documents]:
It is therefore ORDERED that a writ of attachment be issued and served on Respondent; that Respondent be personally attached; and that the attaching officer be directed to notify the Court and Movant’s attorney immediately on attaching Respondent so that a hearing may be immediately scheduled for the purpose of Respondent’s showing cause why [he/she] should not be held in contempt for refusing to obey this Court’s order to [answer interrogatories/appear and give [his/her] deposition and produce certain documents].
|
Select one of the following. |
It is further ORDERED that in no event shall the writ of attachment be served so as to require Respondent to be detained overnight before the show-cause hearing.
|
Or |
It is further ORDERED that in lieu of detainment in the custody of the officer executing this writ, Respondent may be released on posting a bond in the sum of $[amount], payable to Movant, with two or more good and sufficient sureties, to be approved by the Court, conditioned that on [date], Respondent appear before the Court and remain in attendance until discharged by the Court. Personal recognizance in lieu of bond will not be permitted.
|
Continue with the following. |
A copy of this Order is to be attached to the writ of attachment to show the authority of the clerk for such issuance.
SIGNED on ________________________________.
JUDGE PRESIDING