Posted: Tuesday, June 2, 2015

A Hennepin County District Court order will make the following changes to administrative Order to Show Cause hearings. The order is effective July 1, 2015, and is posted on the Fourth Judicial District of Minnesota website.

Pursuant to the court Order, the creditor (plaintiff) will be required to appear in person for Order to Show Cause hearings unless appearance by phone is approved by Civil Filing staff.  Requests to appear by phone will be considered by Civil Filing staff if the creditor must travel in excess of two hours to appear in person. 

Judge Ron Abrams, presiding judge over Civil Court, explained, “Matters which may result in civil contempt sanctions, such as order to show cause hearings, cannot be handled summarily. Minnesota jurisprudence calls for the participation of both parties before any warrant of commitment issues.”

If the creditor (plaintiff) fails to appear in person or be available by phone, the Order to Show Cause will be vacated and no bench warrant will issue. If the debtor (defendant) appears at the administrative Order to Show Cause hearing and refuses to fill out the Financial Disclosure Form, the matter will be assigned to a judge. If the creditor is dissatisfied with the debtor’s disclosures, the creditor may file a motion, at which time the matter will be assigned to a judge. If both the creditor and debtor fail to appear at the administrative Order to Show Cause hearing, the Order to Show Cause will be vacated and no warrant will issue.

For more information about the Fourth Judicial District serving Hennepin County, go to the Judicial Branch website at:  http://mncourts.gov/hennepin.