3.8​Requirements for Orders to Show Cause

An order to show cause why the alleged contemnor should not be held in contempt of court must contain the time within which service must be made, and a date, within a reasonable time, for a hearing on the order. MCR 2.108(D); MCR 3.606(A)(1).⁷ The order to show cause may also set the time for answer to the complaint or response to the motion on which the order is based. MCR 2.108(D). Unless the court orders otherwise, the order to show cause must be personally served on the contemnor. MCL 600.1968(4); MCR 2.107(B)(1)(b).

Because the contemnor was personally served with the court’s injunctive order and the order to show cause why she should not be held in contempt for violating the order, the proceedings were not void where the contemnor was not personally present when testimony establishing contempt was taken. People ex rel Attorney General v Yarowsky, 236 Mich 169, 171-173 (1926) (noting that her attorney was present).

A.​Proceedings Initiated by the Friend of the Court

In Friend of the Court-initiated proceedings to enforce an order or judgment for support, parenting time, or custody, the order to show cause or the notice of the show cause hearing must be served personally, by ordinary mail at the person’s last known address, or in another manner permitted by MCR 3.203. MCR 3.208(B)(2).

The notice of the show cause hearing must comply with requirements for the form of a subpoena under MCR 2.506(D). MCR 3.208(B)(3). For purposes of MCR 3.208(B)(3), an authorized signature is one that comports with MCR 1.109(E). MCR 3.208(B)(3)(a). Notices under MCR 3.208(B)(3) “must state the amount past due and the source of information regarding the past due amount and act or failure to act that constitutes a violation of the court order.” MCR 3.208(B)(3)(b). “A person must comply with the notice unless relieved by order of the court or written direction of the person who executed the notice.” MCR 3.208(B)(3)(c).

The show cause hearing may be held no sooner than seven days after the order or notice is personally served, or no sooner than nine days after the order or notice is served by ordinary mail. MCR 3.208(B)(4).

“The court may hold the show cause hearing without the friend of the court unless a party presents evidence that requires the court to receive further information from the friend of the court’s records before making a decision.” MCR 3.208(B)(5). “If the party fails to appear at the show cause hearing, the court may issue an order for arrest.” Id.

For a detailed discussion of contempt in domestic relations cases, see Part II of Chapter 5.

B.​Violation of a Personal Protection Order

In cases involving the alleged violation of a personal protection order, the petitioner must have the motion and order to show cause personally served on the respondent at least seven days before the hearing. MCR 3.708(B)(2).