12-862. Order to show cause; service; return; attachment of person or sequestration of property

239 words·~1 min read·/az/title-12/12-862

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. When it appears to the superior court by the return of a proper officer on lawful process, or upon affidavit of some credible person, or by information filed by the county attorney, that there is reasonable ground to believe that a person is guilty of the disobedience described in section 12-861, the court may order the person so charged to show cause at the time and place the court directs why he should not be punished for such disobedience.

B. The order, with a copy of the affidavit or information, shall be served upon the person charged within sufficient time to enable him to prepare and make return to the order, and if by the return the alleged contempt is not purged, a trial shall be directed at a time fixed by the court.

C. If the person allegedly in contempt fails or refuses to make return to the order, a warrant of arrest may issue directing the sheriff or any constable of the county where the person charged resides or may be found, to arrest him and bring him before the court at a time and place directed by the court, and such person may be required to give bail for his attendance at the trial and his submission to final judgment of the court.

D. If accused is a corporation, an attachment for sequestration of its property may be issued upon refusal or failure to answer.