78B-6-302 - Contempt in immediate presence of court -- Summary action -- Outside presence of court -- procedure.
78B-6-302. Contempt in immediate presence of court -- Summary action -- Outsidepresence of court -- procedure.
(1) When a contempt is committed in the immediate view and presence of the court, orjudge at chambers, it may be punished summarily. An order shall be made, reciting the factsoccurring in the immediate view and presence of the court. The order shall state that the personproceeded against is guilty of a contempt and shall be punished as prescribed in Section78B-6-310.
(2) When the contempt is not committed in the immediate view and presence of the courtor judge, an affidavit or statement of the facts by a judicial officer shall be presented to the courtor judge of the facts constituting the contempt.
Renumbered and Amended by Chapter 3, 2008 General Session