§ RULE 2-110. CONTEMPT

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 1 > RULE 2-110.

RULE 2-110. CONTEMPT

A. Jurisdiction. A magistrate has jurisdiction to punish for contempt only for:

(1) disorderly behavior in the presence of the court or close enough to the court that it obstructs the administration of justice;

(2) misconduct of court officers in official transactions;

(3) disobedience or resistance to any lawful order, rule or process of the court.

B. Disposition Upon Notice and Hearing. A contempt, except as provided in Paragraph C of this rule, shall be punished only after notice and hearing. The notice shall state the essential facts constituting the contempt charged. The notice may be given:

(1) orally by the judge in open court in the presence of the defendant;

(2) by a summons;

(3) by a bench warrant; or

(4) by an order to show cause.

The defendant shall be entitled to bail as provided in the Rules of Criminal Procedure for the Magistrate Courts. The defendant shall be given sufficient notice of hearing to permit the preparation of a defense. If the defendant is found guilty of contempt, the court shall enter judgment and sentence within the limits of its jurisdiction.

C. Direct Contempt. A direct contempt may be punished summarily at the time of the contempt if the judge by written order certifies to having seen or heard the conduct constituting the contempt and that it was committed in the presence of the court. The written order of contempt shall recite the facts and shall be signed by the judge and entered of record.

D. Appeal. Any person found guilty of contempt may appeal to the district court pursuant to the rules of procedure governing appeals from the magistrate court in criminal cases.