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N.D. W. Va. LR Gen P 4.03

Order of the Court; Confinement of Contemner

activein force · 2018-03-01 – presentact-effective-date

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.

Filing of Papers

Provenance

Source
www.wvnd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
a50dfaae8773612ab776f7f56c3caab16e7ad547f8958c4aadc362e372a5d791
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N.D. W. Va. LR Gen P 4.03 — Order of the Court; Confi… · binding.law