E.D.N.Y. Local Civil Rule 83.6

(a) A proceeding to adjudicate a person in civil contempt, including a case provided

for in Fed. R. Civ. P. 37(b)(1) and 37(b)(2)(A)(vii), must be commenced by the

service of a notice of motion or order to show cause. The affidavit on which the

notice of motion or order to show cause is based must set out with particularity the

misconduct complained of, the claim, if any, for damages occasioned thereby, and

such evidence as to the amount of damages as may be available to the moving

party. A reasonable counsel fee, necessitated by the contempt proceedings, may be

included as an item of damage. Where the alleged contemnor has appeared in the

action by an attorney, the notice of motion or order to show cause and the papers

on which it is based may be served on that attorney; otherwise service must be

made personally, together with a copy of this Local Civil Rule 83.6, in the manner

provided for by the Federal Rules of Civil Procedure for the service of a summons.

If an order to show cause is sought, the order may, upon necessity shown, embody

a direction to the United States marshal to arrest the alleged contemnor and hold

that person unless bail is posted in an amount fixed by the order, conditioned on

the appearance of that person in all further proceedings on the motion, and further

conditioned that the alleged contemnor will hold himself or herself amenable to all

orders of the court for surrender.

(b) If the alleged contemnor puts in issue his or her alleged misconduct or the

damages thereby occasioned, that person will upon demand be entitled to have

oral evidence taken, either before the court or before a master appointed by the

court. When by law the alleged contemnor is entitled to a trial by jury, that person

must make written demand before the beginning of the hearing on the application;

otherwise, the alleged contemnor will be deemed to have waived a trial by jury.

(c) If the alleged contemnor is found to be in contempt of court, an order must be

entered

(1) reciting or referring to the verdict or findings of fact on which the

adjudication is based;

(2) setting forth the amount of damages, if any, to which the complainant is

entitled;

(3) fixing the fine, if any, imposed by the court, which fine must include the

damages found and naming the person to whom such fine will be payable;

(4) stating any other conditions, the performance of which will operate to purge

the contempt; and

(5) directing, where appropriate, the arrest of the contemnor by the United States

Marshal and confinement until the performance of the condition fixed in the

order and the payment of the fine, or until the contemnor be otherwise

discharged under law. A certified copy of the order committing the

contemnor will be sufficient warrant to the marshal for the arrest and

confinement of the contemnor. The complainant must also have the same

remedies against the property of the contemnor as if the order awarding the

fine were a final judgment.

(d) If the alleged contemnor is found not guilty of the charges, that person must be

discharged from the proceedings and, in the discretion of the court, may have

judgment against the complainant for costs and disbursements and a reasonable

counsel fee.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.