Service of Process
Writ of Body Attachment
A writ of body attachment is a process
issued by the court directing the U.S. Marshal to bring a person who has
been found in civil contempt before the court. The process may also be
called an order of commitment for civil contempt or a warrant for civil
An order of civil commitment of a person
held to be in contempt of a decree or injunction issued to enforce the
laws of the United States may be served and enforced anywhere in the
United States. An order of civil commitment of a person held to be in
contempt of a decree or injunction not involving the enforcement of
federal law may only be served at any place within the state in which
the district court is located, or at any place outside of the state that
is within 100 miles of the courthouse.
The writ is issued as an order of a U.S.
District Court judge, U.S. magistrate judge, or U.S. bankruptcy judge
under the seal of the clerk of the court.
The writ is served by the U.S. Marshal or by
a Deputy U.S. Marshal.
Manner of Service:
Service is accomplished by taking the named
individual (the contemnor) into custody and bringing the individual
before the court without undue delay.
The individual who effects service will make proof of service to the
court promptly according to local rules within the district.
Note: The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.