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Idaho Rules of Civil Procedure Rule 75(c).  Nonsummary Proceedings -- Commencement.  

Nonsummary contempt proceedings may be commenced only as provided herein.  


(1) Contempt initiated by a judge--written charge of contempt. A judge may initiate contempt proceedings by issuing a written charge of contempt and having it served upon the respondent.  The charge may be prepared by the court or by a party at the court's direction.  The written charge must be supported by an affidavit unless the facts recited in it are based upon the judge's personal knowledge and/or upon information from the court file contained in documents prepared by court personnel. 


(2) Contempt not initiated by a judge--Motion and affidavit. All contempt proceedings, except those initiated by a judge as provided above, must be commenced by a motion and affidavit.   Contempt proceedings shall not be initiated by an order to show cause.


(3) Factual allegations.   The written charge of contempt or affidavit must allege the specific facts constituting the alleged contempt.  Each instance of alleged contempt, if there is more than one, must be set forth separately.  If the alleged contempt is the violation of a court order, the written charge or affidavit must allege that either the respondent or the respondent's attorney was served with a copy of the order or had actual knowledge of it.  The written charge or affidavit need not allege facts showing that the respondent's failure to comply with the court order was willful.


(4) Notice to appear.   The respondent shall be served with written notice of the time, date, and place to appear to answer to the charge of contempt.

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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