Ill. R. Cir. Ct. Lake Cnty. 10-1.04

As amended through September 23, 2024

Rule 10-1.04 - Civil Contempt

Civil contempt defined. Civil contempt of Court is defined as:

A. The willful failure to obey a Court Order or Judgment; and

B. Coercive rather than punitive sanctions are sought to compel compliance with the Order or Judgment.

1.Petition for Adjudication or Rule to Show Cause. A civil contempt proceeding shall be initiated by the filing of a Petition for Adjudication of civil contempt or a Rule to Show Cause unless the act is committed in the presence of the Court. The Petition shall be verified and set forth with particularity the portion(s) of the Court Order that is alleged to have been violated and the nature of the violation. If the Court finds that the Petition sets forth allegations which support the charge, it shall set the matter for hearing and order that Notice be given to the Respondent alleged to be in contempt. "YOUR FAILURE TO APPEAR AT THIS HEARING MAY RESULT IN YOUR ARREST." If, after Notice, the Respondent fails to appear, the Court may order a body attachment to issue and set bail.

3.Response. No later than three days prior to the hearing, the Respondent may file a written Answer either admitting, or denying with specificity, any of the allegations, along with any affirmative defenses. Subsequent written or oral denials and affirmative defenses may be made only with leave of Court. Those allegations of the Petition that are not specifically denied may be deemed admitted. If the basis of the charge of civil contempt is the failure of the Respondent to make Court ordered payments to the Clerk of the Circuit Court, the records of the Clerk shall be prima facie evidence of the amount paid and disbursed by the Clerk.

4.Method of hearing. Civil contempt proceedings shall be tried before the Court without a jury.

5.Sanctions. If the Court finds the Respondent in civil contempt, it may continue the matter for a reasonable time before the imposition of sanctions or; it may impose sanctions immediately. Prior to the imposition of sanctions, the Respondent shall have the right to make a statement in mitigation. Sanctions may include a continuing fine and/or incarceration in the county jail. The sanctions imposed shall remain in full force and effect until the Respondent purges himself of contempt or is otherwise discharged by due process of law. The Court may assess reasonable costs and attorney's fees against the Respondent.

6.Written Order required. Upon an adjudication of civil contempt, the Court shall enter a written Judgment Order specifying the factual basis for the finding of contempt, the sanction imposed, and the means by which the Respondent may purge himself of contempt. A copy of the Order shall be provided to the Respondent.

7.Appeal. An appeal from a Judgment a civil contempt may be taken as an appeal in civil cases. Upon filing a Notice of Appeal, the Court may set bond and may stay the execution of any sanction imposed pending the outcome of the appeal.

Ill. R. Cir. Ct. Lake Cnty. 10-1.04

Amended effective 10/24/2016.