Rule 309.Contempt
Last amended July 1, 2026 · Last verified July 1, 2026
Full Text of Rule 309
Advisory Committee Comments
Task Force Comment--1991 Adoption
Subdivision (a) of this rule is derived from existing Rule 8.01 of the Rules of Family Court Procedure.
Subdivision (b) of this rule is derived from existing Rule 8.01 of the Rules of Family Court Procedure. The new language is derived from Second District Local Rule 8.011.
Advisory Committee Comment—2009 Amendment
Rule 309.01 is amended in 2009 to remove an apparent requirement that any contempt proceeding be commenced by order to show cause. Although an order to show cause is an available mechanism for initiating contempt proceedings, the authorizing statute also recognizes that these proceedings may be commenced by motion accompanied by appropriate notice. See Minn. Stat. § 588.04. The amendment to Rule 309.01 is intended simply to recognize that both mechanisms are available. In many situations, proceeding by order to show cause is preferable. Use of an order to show cause, which is court process served with the same formality as a summons, permits the court to impose sanctions directly upon failure to comply. See Minn. Stat. § 588.04. It is the preferred means to commence a contempt proceeding if there is significant risk that the alleged contemnor is likely not to appear in response to a notice of motion.
Advisory Committee Comment—2012 Amendments
Rule 309.01 does not require that contempt proceeding be commenced by an order to show cause, even though that is the most common and most direct means of commencing the proceedings. Although an order to show cause is an available mechanism for initiating contempt proceedings, the authorizing statute also recognizes that these proceedings may be commenced by motion accompanied by appropriate notice. See Minn. Stat. § 588.04. The amendment to Rule 309.01 is intended simply to recognize that both mechanisms are available. In many situations, proceeding by order to show cause is preferable. Use of an order to show cause, which is court process served with the same formality as a summons, permits the court to impose sanctions directly upon failure to comply. See Minn. Stat. § 588.04. The order to show cause is still the preferred means to commence a contempt proceeding if there is meaningful risk that the alleged contemnor will not to appear in response to a notice of motion. Service of the order to show cause upon the person provides jurisdiction for the issuance of a writ of attachment or bench warrant, if necessary, and meets the requirement for notice of an opportunity to be heard. See Clausen v. Clausen, 250 Minn. 293, 84 N.W.2d 675 (1976); Hopp v. Hopp, 279 Minn. 170, 156 N.W.2d 212 (1968).
The requirement in Rule 309.01(b)(5) that a hearing be held within 60 days of issuance of an order or notice of motion is intended to create the standard rule and to underscore the importance of holding the hearing promptly so that the contempt issues may be resolved. Where exceptional circumstances are found to exist by the court, the hearing may be held later than 60 days from the order or notice, but it should still be heard by the court as promptly as possible.
Family Court Rules Advisory Committee Commentary*
For the right to counsel in contempt proceedings, see Cox v. Slama, 355 N.W.2d 401 (Minn. 1984).
*Original Advisory Committee Comment--Not kept current.
Task Force Comment--1991 Adoption
This rule is derived from existing Rule 8.02 of the Rules of Family Court Procedure.
Task Force Comment--1991 Adoption
Subdivision (a) of this rule is derived from existing Rule 8.03 of the Rules of Family Court Procedure.
Subdivision (b) of this rule is derived from existing Rule 8.03 of the Rules of Family Court Procedure, with the new language added from Second District Rule 8.031.
Advisory Committee Comment—2012 Amendments
Rule 309.04 requires findings. Findings are required to permit appellate review of a contempt order. In cases where incarceration is a consequence of a contempt finding, due process may require notice to the alleged contemnor of the right to show inability to pay and findings on that issue. See Turner v. Rogers, 564 U.S. ___, 131 S. Ct. 2507, 180 L. Ed. 2d 254 (2011).
Amendment History
- (Amended effective July 1, 2015.)
- (Amended effective July 1, 2026.)
Plain-English Summary
Rule 309 starts a family court contempt case with either a motion or an order to show cause, served on the alleged contemnor personally, backed by an affidavit. An order to show cause can issue without advance notice to that person when the supporting affidavit credibly raises a contempt issue in the first place.
Whichever form it takes, the paperwork has to do real work: point to the specific order or judgment allegedly violated and when it was entered, quote the exact language the contemnor was supposed to follow, describe the specific ways the person fell short, and warn that the ability to pay will matter at the hearing. It also has to set a hearing date no later than sixty days after it's issued.
When the claim is about missed payments, the supporting affidavit has to itemize what was due, what was paid, and what wasn't, payment by payment — and an affidavit fighting the claim has to answer with the same level of detail. At the hearing itself, the alleged contemnor gets to respond with sworn testimony; the court can't decide the matter on affidavits alone unless that person expressly gives up the right to testify.
A stayed contempt sentence has its own trigger for enforcement. Before a writ of attachment or bench warrant can issue for violating the terms of the stay, the moving party has to serve an affidavit of noncompliance and request for a writ of attachment on the defaulting party in person, unless that party is avoiding service. The writ itself directs law enforcement to bring the defaulting party before the court for a hearing on whether the stay should be revoked, on a proposed order the moving party submits. And whatever the court ultimately decides, an order finding contempt has to come with findings of fact.
Frequently Asked Questions
How does a family court contempt proceeding begin?
By a motion or an order to show cause served on the alleged contemnor personally, supported by an affidavit describing the alleged violations.
How soon must a contempt hearing be scheduled?
No later than sixty days after the notice of motion or order to show cause is issued.
What must the moving papers in a contempt case include?
A reference to the specific order or judgment violated and its date, a quotation of the exact provisions at issue, a description of the alleged failures to comply, and notice that the contemnor's ability to pay will be at issue.
Can a court hold someone in contempt based on affidavits alone?
No, unless the alleged contemnor expressly waives the right to appear and offer sworn testimony at the hearing.
What has to go in an affidavit about missed child support payments in a contempt case?
The kind of payment involved and the specific dates and amounts due, paid, and unpaid for each missed payment.
Family Court Rules Advisory Committee Commentary*
Service of the order to show cause upon the person provides jurisdiction for the issuance of a writ of attachment or bench warrant, if necessary, and meets the requirement or an opportunity to be heard. See Clausen v. Clausen, 250 Minn. 293, 84 N.W.2d 675 (1976); Hopp v. Hopp, 279 Minn. 170, 156 N.W.2d 212 (1968).
*Original Advisory Committee Comment--Not kept current.