What is the name of your state? California
When civil turns quasi-criminal
I am a plaintiff in an unlimited civil case. The defendants responded to my complaint back in August but have refused to to participate in discovery. I need the discovery because it is a fraud case and their are other folks involved.
I filed an OSC Re: contempt. I did not do this ex parte. I got the judges signature and properly notified the accused party by personal service. They did not attend the OSC hearing. The judge signed my order of contempt against them. It included a judgement of arrest AND $1000.00 to me.
When I go by California Pleading practice and procedures for contempt..I am under the impression that the court will issue a bench warrant by either agreeing with my proposed order or because the defendants did not appear or maybe even both. The defendants did not appear.
Now the court clerk tells me it is my responsibilty to do whatever procedures are necessary to get a bench warrant. I thought I did.
Apparently this contempt procedure is not done much outside of family court and the procedures are different. The truth is, the clerks and the sheriff seem somewhat uncertain about procedure.
The sheriff tells me he gets the order and the warrant from the court. The clerk tells me once I get the warrant...I have to take it the sheriff, not the court.
I have been researching criminal law since I've been told that is what I need to follow. All day at the libray and the only thing I can find is frankly the same as civil.
Either a warrant of attachment OR OSC for contempt needs to served on the accused. If they don't show, the COURT will issue a bench warrant (body attachment?).
Since I need them arrested (they won't show up otherwise), I need the correct procedure to get a warrant AFTER a court has issued an Order for Contempt and this has to be done by me...not the court. I am not shy about research or putting together proper paperwork but I can't find ANYTHING on this, even in the law. Please help.