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Supreme Court Rules



Section/Rule:
36.01

Subject:
Rule 36 - Rules of Criminal Procedure - Criminal Contempt
Publication / Adopted Date:
June 13, 1979

Topic:
Criminal Contempt
Revised / Effective Date:
July 1, 2013

36.01. Criminal Contempt

(a) A criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The judgment of contempt and the order of commitment shall recite the facts and shall be signed by the judge and entered of record.

(b) A criminal contempt except as provided in subdivision (a) of this Rule shall be prosecuted on notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of the prosecuting attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. The defendant is entitled to be conditionally released as provided in these Rules. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. Upon a finding of guilt the court shall recite in the judgment of contempt and in the order of commitment the essential facts constituting the criminal contempt and fixing the punishment.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 1, 2013, Amended June 20, 2013, eff. July 1, 2013.)

Committee Note - 1980