SECOND AMENDED ORDER: 1) 0F ADVICE 0F RIGHTS 2) REQUIRING ATTENDANCE AT ARRAIGNMENT 3) SETTING MATTER FOR HEARING ON MOTION FOR ORDER OF CONTEMPT

FELTON & FELTON Michael Harland Felton 212 2nd Avenue West Suite 106 Twin Falls, Idaho 83301 Telephone No: (208) 732-0033 Facsimile No: (208) 732-0033 Email: michaelhfelton@gmail.com ISB Membership No. 4212 Attorneys for Respondent IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LINCOLN Case No. CV-2017-140 SECOND AMENDED ORDER: 1) 0F ADVICE 0F RIGHTS 2) REQUIRING ATTENDANCE AT ARRAIGNMENT 3) SETTING MATTER FOR HEARING ON MOTION FOR ORDER OF CONTEMPT JAMES FARLIN ENGLE, Petitioner, v. JAMMIE ANN ENGLE, Respondent. TO: JAMES FARLIN ENGLE: You are hereby ordered to appear before this Court at 9:30 a.m., on the 23rd day of August, 2022, to be arraigned concerning your rights and the potential penalties or consequences that may be imposed if you are found in contempt as requested by the Respondent. You are further ordered to appear before this Court at 2:00 p.m. on the 20th day of September, 2022, for the hearing on the Motion of Respondent seeking to hold you in contempt of court for allegedly violating the Decree of Divorce filed on October 6, 2017, requiring you to pay spousal support, in the amount of $500.00 per month. You have the following rights: 1. You are presumed to be innocent of the allegations made against you. 2. You have the right to remain silent. Anything you say can be used as evidence against you in court. 3. You have the right to have an attorney represent you. If you want an attorney and cannot afford one, you may ask the Judge to appoint an attorney to represent you at county expense. You may be required to reimburse the county for the cost of that attorney, however. 4. You have the right to a trial before a Judge on the issue of whether you are in contempt of court (whether you willfully violated the court order). You have a right to be present during that trial, to watch the witnesses face-to-face as they testify against you, to call witnesses and to ask questions of all witnesses. You have the right to compel the attendance of witnesses. You also have the right to testify at the trial and to have others testify in your behalf. 5. You have the right to request that the Court exclude evidence that was obtained in violation of your rights under the Fourth Amendment of the United States Constitution. 6. The maximum penalty for each contempt of court is a fine of up to $5,000.00 and up to five (5) days in jail, except that the jail sentence can be up to thirty (30) days if the contempt is failing to obey an order or judgment for the support of minor children. 7. If the contempt consists of your failure to do something that you still have the ability to do, you may also be imprisoned or fined until you perform such act. 8. If you desire to assert any affirmative defenses to the allegations made against you, you must do so in writing, setting forth each defense, file the writing with the court with a copy served on all attorneys of record, and must do so within seven (7) days after entering a plea denying the contempt charged, as set forth in Idaho Rule of Civil Procedure 75 (h)(1). The maximum punishment sought by Respondent is stated in Respondent’s Motion. You do not have the right to a jury trial in this case unless the maximum possible punishment exceeds six (6) months. If you do have a right to a jury trial, the verdict of the jury must be unanimous. If you cannot afford an attorney and desire to have the services of the Public Defender, then you must notify the Court at the time of your arraignment. Your failure to timely request a Public Defender may result in denial of your request. The hearings scheduled herein will not be postponed or rescheduled except for extraordinary reasons. YOU ARE FURTHER NOTIFIED THAT IF YOU FAIL TO APPEAR AT THE HEARINGS SCHEDULED HEREIN, THE COURT MAY GRANT THE RELIEF REQUESTED BY RESPONDENT WITHOUT FURTHER HEARING. YOU ARE FURTHER NOTIFIED THAT IF YOU FAIL TO APPEAR AT THE HEARINGS SCHEDULED HEREIN, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. IT IS SO ORDERED. DATED 7/15/2022 9:55:32 AM /s/ Mark Ingram Judge Published July 29, Aug. 2, 9 & 16, 2022. BT251311

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