§ Rule 65(j) Disobedience of injunction as contempt; order to show cause; warrant; attachment; punishment

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VIII Provisional > Rule 65 > Rule 65(j)

Rule 65(j). Disobedience of injunction as contempt; order to show cause; warrant; attachment; punishment

    1. Disobedience of an injunction may be punished by the court as a contempt.

    2. When a party in whose favor an injunction has been issued files an affidavit that the party against whom the injunction was issued is guilty of disobeying the injunction and describes the acts constituting such disobedience, the court may order the person so charged to show cause at the time and place the court directs why such disobedient party should not be adjudged in contempt of the court which issued the injunction.

    3. The order, with a copy of the affidavit, shall be served upon the person charged with the contempt within sufficient time to enable that person to prepare and make return to the order.

    4. If such person fails or refuses to make return to the order to show cause a warrant of arrest may issue directing the sheriff or any constable of the county where the alleged contemnor resides or may be found, to arrest and bring the alleged contemnor before the court at a time and place directed by the court, and such person may be required to give bail for attendance at the trial and submission to the final judgment of the court.

    5. If the alleged contemnor is a corporation, an attachment for sequestration of the property of the corporation may be issued upon refusal or failure to appear.

    6. Upon the appearance of the alleged contemnor, or at the trial of the issue, the court shall hear the evidence, and if the person enjoined has disobeyed the injunction that person may be committed to jail until that person is purged of the contempt as may be directed by the court or until that person is discharged by law.