Adams v. Utah Power Systems, LLC
After a judgment debtor failed to respond to discovery in aid of execution, the trial court held him in civil contempt and issued writs of bodily attachment, under which he was jailed for roughly two months without ever personally appearing before the court. The Third DCA granted habeas corpus, quashing both writs (and a related writ against the debtor's wife) because the trial court never held an evidentiary hearing, never made a present-ability-to-purge finding after the debtor claimed compliance, and failed to specify what acts would purge the contempt.
Key facts
- Judgment debtor Adams failed to respond to discovery in aid of execution in a case brought by Utah Power Systems, LLC.
- The trial court held Adams in civil contempt, issued writs of bodily attachment, and jailed him for approximately two months without requiring him to personally appear before the court.
- +2 more key facts with a free trial
Why it matters
Although arising in a judgment-collection context, this opinion is a concise checklist of the procedural safeguards required before a court may jail anyone for civil contempt under Rule 1.380 — a… — full analysis with a trial
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