How to File a Petition for Contempt, Page 1 of 24
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How to File a Petition for Contempt
Warning:
These instructions will tell you how to file your own Petition for Contempt for Failure to Pay
Support. This can be a confusing and complicated process. If you have questions about the
instructions or any of the forms, you should talk to a lawyer. This packet does not deal with
every contempt situation and can not take the place of a lawyer. If you use these forms and don’t
talk to a lawyer, you may lose important rights.
You can not use this packet if it has been more than three years since the other party failed to
pay or underpaid support.
You can not use this packet if you are asking for interest on any support past due. If you would
like to ask for interest on support past due, you should talk to a lawyer.
The steps for filing for contempt may be slightly different in your judicial district. Always check
with the Clerk of District Court in your district to make sure that you are following the right
procedures.
Who Should Use this Packet?
You should use this packet of forms if you want to ask a Court to find another party in contempt
for failing to pay support as previously ordered by a Court or administrative agency, like the
Montana Child Support Enforcement Division (CSED). Support includes child support, medical
support, spousal support (also called maintenance), or any other support ordered by a Court or
administrative agency.
What Forms Will I Need?
You will need the following forms in order to ask the Court to find the other party in contempt:
Petition for Contempt for Failure to Pay Support
Order to Show Cause
Praecipe
Contempt Citation
What Do These Words Means?
Below are some common legal words you may see during this process.
Contempt- Contempt is a finding by a court that someone has violated a previous order by a
court or administrative agency. In your case, you are asking that someone be found in
contempt for not paying support as previously ordered by a court or administrative
agency.
Petitioner - The Petitioner is the person who first asks the court for something by filing a Petition.
If you are using this packet of forms, you are the Petitioner. You are asking the court that
someone else be found in contempt for not paying support.
How to File a Petition for Contempt, Page 2 of 24
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Respondent- The Respondent is the person who must respond to a court case by filing a
Response. The Respondent in your case is the person you are asking the court to find in
contempt.
Where Can I Get More Information?
The Montana Code Annotated (M.C.A) contains the law on contempt actions for failure to pay
support. The law can be found in Title 40, Chapter 5, Section 601 of the Montana Code
Annotated. This is sometimes written as M.C.A. § 40-5-601. The Montana Code Annotated.
can be found in your local library or on the Montana State Law Library website at
www.lawlibrary.mt.gov. At the top of the page you will see a button that says, “State Laws.”
Point your mouse on this button and then choose “MCA” from the list. Reading the actual law
may be helpful to you.
Where Can I Get Legal Help?
If you need help, the following resources may be able to help you:
1. The State Bar Lawyer Referral and Information Service (LRIS) refers people to Montana lawyers who agree to charge a reasonable fee for the first visit. The referral is free. Call
the LRIS at 1-406-449-6577.
2. Montana Legal Services Association (MLSA) provides free legal help to low-income
persons. If you are eligible, MLSA may be able to give you advice on filling out and
filing your Petition for Contempt. To find out if you qualify for MLSA services, call the
MLSA HelpLine at 1-800-666-6899.
3. The State Law Library can help you to find and use legal resources, such as books, forms,
and Web sites, to learn the answers to your legal research questions. You can visit the law
library on the Web at www.lawlibrary.mt.gov. To talk to the Reference Librarian, call 1-
406-444-3636 or send an e-mail to mtlawlibrary@mt.gov.
What Do I Do With These Forms?
You should complete the following steps in order to ask the Court to find the other person in
contempt.
Step One: Fill in the Forms
Petition for Contempt-
[ ] Fill in the Petition for Contempt completely. Be sure to attach a copy of the support order that the other party is violating. You can get a copy of the order from the Court or
administrative agency who issued it. For Number 6 in the Petition, give detailed information
about how the other party has violated the support order. For instance, if the other party has
failed to pay child support eight different times, list the date of each violation and how much
s/he owes you for each violation. If CSED has been collecting the support, they should have
a document showing how much the other party has paid each month. Call CSED and ask
How to File a Petition for Contempt, Page 3 of 24
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them to send a list of the missed payments by the other party. Attach this document to your
Petition. When you are done filling out the form, sign it in front of a Notary Public.
Order to Show Cause -
[ ] Fill in the top left box on the first page. The Court will fill out the rest of this form.
Praecipe - This form asks the Sheriff to serve your court papers on the other party.
[ ] Fill out the first and second page of this form. Date and sign the bottom of the second page. The Sheriff will fill out the third page.
Step Two: Make Copies
[ ] Make the following number of copies of the forms you have filled out: Petition for Contempt- 2 copies (plus the original)
Order to Show Cause- 1 copy (plus the original)
Praecipe- 1 copy (plus the original)
Step Three: File Your Papers with the Court
Go to the Clerk of District Court in the County Courthouse where you are filing. You will have
to pay a filing fee in order to file your papers with the Court. If you cannot afford to pay the
filing fee, you may be eligible to have prepayment of the fee waived.
[ ] If you can not afford the filing fee, ask the Clerk of District Court for an “Affidavit of Inability to Pay Filing Fees.” Fill the form out and file it with the Clerk of District Court.
If the Clerk does not have the form, you can find a sample Affidavit of Inability to Pay Filing
Fees on the State Law Library’s website,
www.lawlibrary.mt.gov . Click on the link to “Find
a Law by Topic” and then choose “District Court.” The Affidavit of Inability to Pay Filing
Fees will be listed there.
[ ] After you have paid the filing fee (or the Judge has decided to waive the filing fee), file the following original documents with the Clerk of District Court:
Petition for Contempt for Failure to Pay Support
Order to Show Cause
Always keep one copy of everything that you file with the Clerk of District Court or serve on
your spouse. The original documents get filed with the Clerk. Every time you file a document
with the Clerk, bring a copy of the document with you and ask the Clerk to stamp it, showing
that the document has been filed. Keep an organized file of all your court papers and letters
concerning your case.
If the Judge schedules a hearing, the Clerk of Court will call you or send you a copy of the Order
to Show Cause.
[ ] Make two copies of the Order to Show Cause
How to File a Petition for Contempt, Page 4 of 24
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The Clerk will put a cause number on all of the documents you filed. This cause number is how
the court will identify your case. Put this cause number on all of your forms from now on.
Step Four: Notify Your Spouse
After you file all of your papers and the Clerk of District Court gives you your Order to Show
Cause, you must serve the other party. Sheriffs in Montana will serve the papers for free if you
have an Order of Inability to Pay from the Judge. Otherwise, you will need to pay the sheriff for
this service.
[ ] Either mail or personally deliver the following documents to the sheriff in the county
where the other party lives:
Praecipe (original)
Petition for Contempt for Failure to Pay Support (copy)
Order to Show Cause (original and one copy)
Also give the sheriff a self-addressed stamped return envelope. When the sheriff has served
the documents, s/he will send you a Record of Service and the original Order to Show Cause.
The Record of Service is your proof that the documents were served.
Step Five: File the Original Order to Show Cause and Record of Service
[ ] After you receive proof that your spouse was served by the Sheriff, make one copy of the Record of Service. File the original Record of Service with the Clerk of District Court. At
the same time, file the original Order to Show Cause.
Step Six: Complete and Make Copies of the Contempt Citation
[ ] Fill in everything on page one of the Contempt Citation. Also fill out all of the information under the “Findings of Fact” section. The Judge will fill out the rest of the Contempt Citation
if he decides to find the other party in contempt after the hearing.
[ ] Make two copies of the Contempt Citation.
Step Seven: Prepare for Your Hearing
You will need to collect the evidence to support your case for your hearing.
[ ] Try to get something that shows the other person knew about the previous order. You can do this in one or more of the following ways:
If CSED or another administrative agency issued the support order, call the agency and
ask them to send proof that the other person was sent a copy of the order.
If a Court issued the order, call the Clerk of the District Court that issued the order and
ask if there is something in the file showing that the other party was given or mailed a
copy of the order. Ask them to send you a certified copy of the proof.
If the other party has paid the support sometimes, bring proof that s/he has paid. This will
show that the other party knew s/he was supposed to pay. You can show this by getting a
copy of a previously deposited check. If CSED has been collecting the support, they
How to File a Petition for Contempt, Page 5 of 24
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should have a document showing how much the other party has paid each month. If you
haven’t already, call CSED and ask them to send a list of the payment history by the
other party. If you don’t have any other proof that the other party has paid in the past, try
to write down the dates that the other party has paid support.
[ ] Try to get something that shows that other person has not paid the support that s/he was ordered to. Examples of proof that the other person has not paid include:
If CSED has been collecting the support, they should have a document showing how
much the other party has paid each month. Call CSED and ask them to send a list of the
missed payments or underpayments by the other party.
Write down a list of every support payment missed or underpaid by the other party. This
should be the same information you put in you Petition for Contempt for Failure to Pay
Support.
If you have bills that you have paid that the other party was ordered to pay, bring copies
of those bills and proof of payment.
[ ] You should also write down and practice the questions that you want to ask the other party at the hearing. You may want to include questions about:
Whether s/he knew about the support order
Whether it’s true that s/he hasn’t paid the support as ordered
Whether s/he is employed and, if so, where and how much s/he makes
Whether s/he has property s/he could sell to pay the child support, for example, cars
(including year, make, and model), recreational vehicles, trailers, ATVs, motorcycles,
boats, campers, and/or firearms
Whether s/he has any friends or relatives that s/he could borrow the money from to pay
the back child support
Whether s/he has asked a bank for a loan to pay the back child support
Important: Only ask questions that you think will help your case. For example, if you know the
other party doesn’t have a job and can’t get a job, do not ask whether s/he has a job.
[ ] You should also practice what you want to say to the judge. Practice with a friend until you
feel comfortable with everything that you want to say. You should plan on telling the Judge:
That a previous child support order was issued, who issued it, and what it ordered the
other party to pay
That the other party knew about the previous order. Give the Judge any proof you
collected in Step Six which shows that the other party knew
That the other party has not paid the support as ordered. Give the Judge any proof you
collected in Step Six which shows that the other party has not paid. List all of the dates
that the other party has not paid when s/he should have
That the other party has money or property s/he could use to pay the back child support
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Step Eight: Go to Court for Your Hearing
[ ] The time and date of your hearing should have been filled in by the Judge on your Order to
Show Cause form. You must attend that hearing. Be at the courthouse at least 15 minutes
before your scheduled hearing time. Dress as you would for an important meeting or job
interview. Ask the Clerk of District Court which courtroom your Judge is in. Go to the
appropriate courtroom and wait for the Judge to call your name and cause number. Be calm
and polite and address the Judge as Your Honor.
[ ] Bring your original and two copies of the Contempt Citation.
[ ] Bring copies of all of the evidence you gathered in Step Six above.
If the other party is at the hearing, the Judge will ask him/her to be sworn in and to take the
witness stand. The other party will be allowed to tell his/her side of the story. You will then be
allowed to ask the other party any questions you have.
The Judge will then ask you to take the stand. You should bring your evidence with you. You
will be allowed to tell your side of the story.
After the hearing the Judge will decide whether to find the other party in contempt. You may be
given a copy of the order right then, or you may be mailed a copy of the order later. If the Judge
schedules another hearing to determine if the other party has complied with the order, you should
plan on going to that hearing and telling the Judge what, if anything, the other party has done
since the order was signed.
How to File a Petition for Contempt, Page 7 of 24
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How to File a Petition for Contempt, Page 8 of 24
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______________________________
Your Name ______________________________
Your Address ______________________________
Your City State Zip Code ______________________________
Your Phone Number
PETITIONER PRO SE
MONTANA _______________ JUDICIAL DISTRICT COURT_____________________ COUNTY
______________________________,
Your name
Petitioner,
and ______________________________,
The other party’s name Respondent. Cause No.: _________________
Petition for Contempt for Failure to Pay
Support and Supporting Legal Brief
I respectfully ask this Court to find the Respondent in contempt for failure to pay support.
In support of this request, I state the following:
Statement of Facts
1. Information about Me (Petitioner) a. My Name:
b. My Age: My Date of Birth:
c. My Address:
d. City: _________________ County: __________________ State: _____________
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2. Information about the Other Party (Respondent)
a. Name:
b. Age: Date of Birth:
c. Address:
d. City: _________________ County: __________________ State: _____________
3. Information about the Children The parties have ( number:) _____ child(ren). List your children here :
Name of Child Child’s Birth
Date Who the Child Lives
With
Attach additional sheets if necessary.
4. Information about the Order Being Violated The Respondent has not paid support as ordered in:
Choose One :
[ ] A Court order or decree. The order was signed on ( date:)
A copy of this order is attached to this Petition.
[ ] An order from the Montana Child Support Enforcement Division or an administrative agency in another state. The order was signed on ( date:)
A copy of this order is attached to this Petition.
[ ] An order from and Indian tribe. The order was signed on ( date:)
A copy of this order is attached to this Petition.
Attach a copy of the order to this Petition.
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5. Respondent’s Knowledge of Order
Respondent knows about the Order.
Choose all that apply:
[ ] The Respondent was in Court when the Order was made
[ ] The Respondent was given a copy of the Order.
[ ] The Respondent has followed the Order on occasion in the past, showing that s/he knew
about the Order.
[ ] Respondent knew about the Order because:
6. Information About Violation(s) of Order a. The Respondent has not obeyed the previous order. The Respondent has not ( Choose all
that apply :)
[ ] Paid child support as ordered
[ ] Followed the medical support order
[ ] Paid spousal support as ordered
[ ] Other:
b. Give more detailed information about how the Respondent has violated the previous order, including the dates of any violations and amount owed for each violation:
How to File a Petition for Contempt, Page 11 of 24
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c.Check if applicable :
[ ] I have attached a payment history from Montana Child Support Enforcement
Division or another administrative agency to this Petition.
7. Amount Owed The Respondent owes me a total of ( amount): $ in back support.
8. Respondent Can Afford to Pay
The Respondent can afford to pay what s/he owes.
Choose all that apply:
[ ] S/he has enough income. S/he makes $______________ per month. His/her occupation is , and s/he is employed by
[ ] S/he has the following personal or real property that could be sold, mortgaged, or pledged
to raise the money:
[ ] S/he could borrow the money from a bank.
[ ] S/he could borrow the money from a relative or another source.
[ ] Other:
9. Filing InformationI am filing this Petition in this Court because:
Choose one:
[ ] This Court issued the original support order.
[ ] I live or work or have an office in this judicial district.
[ ] The Respondent lives in this judicial district.
Legal Brief
MCA § 40-5-601 (2) says that if a person who is ordered to pay support fails to pay that support, the payee
(the person the support is owed to) may petition a district court to find the obligated party in contempt. “Support” as
defined at MCA § 40-5-601(1), includes “child
How to File a Petition for Contempt, Page 12 of 24
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support, spousal support, health insurance, medical, dental, and optical payments; day care expenses; and any other
payments due as support under a court or administrative order.”
MCA § 40-5-601(5) provides that an obligated person is presumed to be in contempt upon a showing that a
court order was issued, the obligated person had actual or constructive knowledge of the order, and the obligated
person failed to pay. The Petitioner has met the requirements for a showing of contempt under MCA § 40-5-601.
MCA § 40-5-601(3) provides that the petition for contempt for failure to pay
support may be filed in the district court “(a) that issued the support; (b) of the judicial
district in which the obligated person resides; or (c) of the judicial district in which the
payee or assignee of the payee resides or has an office.” Request for Relief
The Petitioner respectfully asks this Court to:
1. Order the Respondent to appear before this Court and show cause, if any exists, why a
finding of contempt should not be entered against the Respondent;
2. Find the Respondent in contempt and order appropriate punishment, including incarceration, community service, and/or payment of a fine;
3. Order the Respondent to pay the support owed by any reasonable means including, but not limited to, garnishment of Respondent’s wages or attachment of Respondent’s real or
personal property; and
4. Any other just and equitable relief.
DATE: .
____________________________________
Petitioner Pro Se ____________________________________
Print Name
How to File a Petition for Contempt, Page 13 of 24
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STATE OF MONTANA )
) ss.
COUNTY OF _________________ )
_______________________________, being first duly sworn on oath, says that he/she is
the Petitioner in the above-entitled proceeding; that he/she has read the foregoing Petition and
knows the contents thereof; and that the matter, facts and things stated therein are true to the be st
of his/her knowledge and belief.
____________________________________
Petitioner Pro Se
SUBSCRIBED AND SWORN to before me on this date: .
_____________________________________
Name (printed) : ________________________
(SEAL) Notary Public for the State of Montana. Residing at ____________________________
My Commission Expires__________________
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How to File a Petition for Contempt, Page 15 of 24
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MONTANA _______________ JUDICIAL DISTRICT COURT
_____________________ COUNTY
______________________________,
Your name
Petitioner,
and ______________________________,
The other party’s name Respondent. Cause No.: _________________
Order to Show Cause
This Court has reviewed the Petition for Contempt filed by the Petitioner. Finding good cause IT IS
HEREBY ORDERED: 1. That ( Name of Respondent :) ______________________________ appear in person before this Court at
the time and place below to give reason, if any exists, why s/he should not be found in contempt of court
for failing to pay support as ordered. Date: Time:
Place: (County name :) County Courthouse
Address of Courthouse:
2. That a copy of the Petition filed in this action and a copy of this Order be served upon the Respondent
at least five (5) days before the date set for hearing in this Order.
DATE: .
____________________________________
DISTRICT COURT JUDGE
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______________________________
Your Name ______________________________
Your Address ______________________________
Your City State Zip Code ______________________________
Your Phone Number
PETITIONER PRO SE
MONTANA _______________ JUDICIAL DISTRICT COURT_____________________ COUNTY
______________________________,
Your name
Petitioner,
and ______________________________,
The other party’s name Respondent. Cause No.: _________________
Praecipe
To the Sheriff of ( name of county where the Respondent lives: )
County:
Please serve upon the Respondent the following documents:1. Petition for Contempt for Failure to Pay Support
2. Order to Show Cause (original and one copy)
Also enclosed is: [ ] The Petitioner's Affidavit and Order of Inability to Pay Filing Fees which waives the fee for service in this matter; OR
[ ] $____________ to cover the fee for service in this matter.
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1. Describe what the Respondent looks like:
2. The Respondent (choose one:) [ ] does not/[ ] does carry a weapon.
3. At present, the Respondent can be found:
[ ] At his or her home ( address): _______________________________________________
________________________________________________________________________
Times normally available at this address: ______________________________________
[ ] At his or her work ( address): ________________________________________________
________________________________________________________________________
Times normally available at this address: ______________________________________
[ ] Other ( address): __________________________________________________________
Times normally available at this address: ______________________________________
Please serve the papers on the Respondent as soon as possible. Please return the original Order to
Show Cause to me at the address above, along with proof of service or a statement that you were
unable to locate the Respondent.
DATE: .
______________________________Petitio
ner Pro Se
______________________________Print
Name
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Below for Sheriffs' office use only
______________________________________________________________________________ Record of Service
______________________________________________________________________________
I hereby certify that (Choose One):
[ ] I personally served the Petition for Contempt for Failure to Pay Support and Order to Show Cause on the Respondent by delivering a copy of said documents to him/her
personally on ( date:) , in the County of
, State of .
[ ] After due effort, I was unable to locate or serve the Respondent in the County of
, State of .
____________________________________
Sheriff
By: _________________________________
Deputy Sheriff
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MONTANA _______________ JUDICIAL DISTRICT COURT
_____________________ COUNTY
______________________________,
Your name
Petitioner,
and ______________________________,
The other party’s name Respondent. Cause No.: _________________
Contempt Citation
A Petition for Contempt for Failure to Pay Support was filed with this Court on ( date:)
. A show cause hearing was held on ( date:)
. The Respondent [ ] did not/[ ] did appear. After considering all evidence and pleadings,
the Court finds:
STATEMENT OF FACTS
4. The Respondent was properly served with a Petition and Order to Show Cause in this case on (date: )
5. The Respondent has violated a previous Order to pay support issued by:
Choose one :
[ ] this Court
[ ] another Court ( name of Court):
[ ] Montana Child Support Enforcement Division
[ ] An administrative agency of another state ( name of agency):
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[ ] An Indian tribe (name and location of tribe ):
6. The previous order was issued on ( date:)
7. The Respondent knew about the previous order.
8. The Respondent has violated the previous order by failing to
Choose all that apply :
[ ] Pay child support as ordered
[ ] Follow the medical support order
[ ] Pay spousal support as ordered
[ ] Other:
9. The Respondent has violated the previous order on ( number:) ______ separate occasions,
from ( beginning date: ) to ( ending date:)
.
10. The last violation occurred within 3 years of this proceeding.
11. The Respondent owes the Petitioner a total of ( amount:) $ in unpaid support.
12. The Respondent has or can secure the money to pay the unpaid support.
13. This Court ( choose all that apply: )
[ ] is the Court that issued the support order.
[ ] is in the judicial district where the Petitioner lives or works or has an office.
[ ] is in the judicial district where the Respondent lives.
Based on the Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW
14. This Court has jurisdiction over this case.
15. The Respondent is in contempt for ( number:)_____ separate violations of a previous support
order.
16. The Respondent’s violations are punishable under MCA § 40-5-601.
Based on the Conclusions of Law, the Court enters the following:
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CONTEMPT CITATION
The Court hereby orders ( choose all that apply):
[ ] That the Petitioner shall have a judgment against the Respondent in the amount of $
for unpaid support. Respondent’s income is subject to immediate income
withholding under MCA § 40-5-303.
[ ] The Respondent to serve _________ days in the county jail to begin on ( date:)
and end on ( date:) The
Respondent must report to ( specify place:)
by (time:) on ( date:)
.
[ ] The Respondent to perform _________ hours of community service to begin on ( date:)
and end on ( date:) The
Respondent must report to ( specify place:)
by (time:) on ( date:)
.
[ ] The Respondent must pay a fine in the amount of $ , by ( date:)
, made payable to
CONDITIONS FOR PURGING THE CONTEMPT
The Respondent may purge this Contempt, suspending the above punishment, by ( choose
all that apply ):
[ ] Complying with the current support order.
[ ] Paying the total unpaid support, in the amount of $ , made payable to
( name :) by (date:)
. Payment shall be delivered by
[ ] Seeking employment and filing a written report with the district court on all efforts to
find employment by ( date:) .
[ ] Paying at least ( amount:) $ per month for unpaid support in addition to
any current monthly child support owed. Payments should begin on ( date:)
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and be made payable to
Respondent’s income is subject to
immediate income withholding under MCA § 40-5-303.
[ ] Selling or transferring the following real or personal property and paying the proceeds to the Petitioner:
[ ] Transferring the following real or personal property to the Petitioner:
[ ] Borrowing the total amount owed in unpaid support in the amount of $ and
filing a written report to this Court on all efforts to borrow the amount by ( date:)
[ ] Other:
[ ] Respondent shall appear before this Court on ( date:) at
(time: ) for a hearing to determine whether Respondent has complied with
the terms and conditions for the purging of this Contempt Citation.
DATE: .
____________________________________
DISTRICT COURT JUDGE
