§ 1:10-1 Summary Contempt in Presence of Court

Codes > New Jersey Statutes > Part I > Chapter I : Rule 1:10 > 1:10-1 Summary

1:10-1. Summary Contempt in Presence of Court

    A judge conducting a judicial proceeding may adjudicate contempt summarily without an order to show cause if:

    (a) the conduct has obstructed, or if continued would obstruct, the proceeding;

    (b) the conduct occurred in the actual presence of the judge, and was actually seen or heard by the judge;

    (c) the character of the conduct or its continuation after an appropriate warning unmistakably demonstrates its willfulness;

    (d) immediate adjudication is necessary to permit the proceeding to continue in an orderly and proper manner; and

    (e) the judge has afforded the alleged contemnor an immediate opportunity to respond.

    The order of contempt shall recite the facts and contain a certification by the judge that he or she saw or heard the conduct constituting the contempt and that the contemnor was willfully contumacious. Punishment may be determined forthwith or deferred. Execution of sentence shall be stayed for five days following imposition and, if an appeal is taken, during the pendency of the appeal, provided, however, that the judge may require bail if reasonably necessary to assure the contemnor's appearance.