2005 Nevada Revised Statutes - Chapter 22 — Contempts

CHAPTER 22 - CONTEMPTS

NRS 22.010 Actsor omissions constituting contempts.

NRS 22.020 Reentryon real property after ejectment by judgment or process.

NRS 22.030 Summarypunishment of contempt committed in immediate view and presence of court;affidavit or statement to be filed when contempt committed outside immediateview and presence of court; disqualification of judge.

NRS 22.040 Issuanceof warrants of attachment and commitment.

NRS 22.050 Amountof bail may be fixed by endorsement on warrant of attachment.

NRS 22.060 Dutiesof sheriff.

NRS 22.070 Dischargefrom arrest on furnishing bail; form and conditions of bond.

NRS 22.080 Returnof warrant and undertaking by officer.

NRS 22.090 Trial;court to hear answer and witnesses; adjournment.

NRS 22.100 Penaltyfor contempt.

NRS 22.110 Imprisonmentuntil performance if contempt is omission to perform an act; penalty forfailure or refusal to testify before grand jury.

NRS 22.120 Indictmentfor contemptuous conduct.

NRS 22.130 Proceedingswhen defendant does not appear; measure of damages in an action on theundertaking.

NRS 22.140 Excusesfor not bringing arrested person before the court; persons not to beunnecessarily restrained.

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NRS 22.010 Actsor omissions constituting contempts. Thefollowing acts or omissions shall be deemed contempts:

1. Disorderly, contemptuous or insolent behavior towardthe judge while he is holding court, or engaged in his judicial duties atchambers, or toward masters or arbitrators while sitting on a reference orarbitration, or other judicial proceeding.

2. A breach of the peace, boisterous conduct orviolent disturbance in the presence of the court, or in its immediate vicinity,tending to interrupt the due course of the trial or other judicial proceeding.

3. Disobedience or resistance to any lawful writ,order, rule or process issued by the court or judge at chambers.

4. Disobedience of a subpoena duly served, or refusingto be sworn or answer as a witness.

5. Rescuing any person or property in the custody ofan officer by virtue of an order or process of such court or judge at chambers.

6. Disobedience of the order or direction of the courtmade pending the trial of an action, in speaking to or in the presence of ajuror concerning an action in which the juror has been impaneled to determine,or in any manner approaching or interfering with such juror with the intent toinfluence his verdict.

7. Abusing the process or proceedings of the court orfalsely pretending to act under the authority of an order or process of thecourt.

[1911 CPA 452; RL 5394; NCL 8941](NRS A 1983,843)

NRS 22.020 Reentryon real property after ejectment by judgment or process. Every person dispossessed of or ejected from any realproperty by the judgment or process of any court of competent jurisdiction, andwho, not having a right so to do, reenters into or upon or takes possession ofany such real property, or induces or procures any person not having a right soto do, or aids or abets him therein, is guilty of a contempt of the court bywhich such judgment was rendered or from which such process issued, and shallbe tried and punished therefor in the same manner and form as provided by lawin cases of contempt not committed in the presence of the court or justice ofthe peace. Upon conviction for such contempt, the court or justice of the peaceshall immediately issue an alias process directing the proper officer torestore possession to the party entitled to the property under the originaljudgment, decree or process.

[1911 CPA 453; RL 5395; NCL 8942](NRS A 1983,844)

NRS 22.030 Summarypunishment of contempt committed in immediate view and presence of court;affidavit or statement to be filed when contempt committed outside immediateview and presence of court; disqualification of judge.

1. If a contempt is committed in the immediate viewand presence of the court or judge at chambers, the contempt may be punishedsummarily. If the court or judge summarily punishes a person for a contemptpursuant to this subsection, the court or judge shall enter an order that:

(a) Recites the facts constituting the contempt in theimmediate view and presence of the court or judge;

(b) Finds the person guilty of the contempt; and

(c) Prescribes the punishment for the contempt.

2. If a contempt is not committed in the immediateview and presence of the court or judge at chambers, an affidavit must bepresented to the court or judge of the facts constituting the contempt, or astatement of the facts by the masters or arbitrators.

3. Except as otherwise provided in this subsection, ifa contempt is not committed in the immediate view and presence of the court, thejudge of the court in whose contempt the person is alleged to be shall notpreside at the trial of the contempt over the objection of the person. Theprovisions of this subsection do not apply in:

(a) Any case where a final judgment or decree of thecourt is drawn in question and such judgment or decree was entered in suchcourt by a predecessor judge thereof 10 years or more preceding the bringing ofcontempt proceedings for the violation of the judgment or decree.

(b) Any proceeding described in subsection 1 of NRS 3.223, whether or not a family courthas been established in the judicial district.

[1911 CPA 454; A 1913, 117; 1951, 448](NRS A 1999, 2021)

NRS 22.040 Issuanceof warrants of attachment and commitment. Whenthe contempt is not committed in the immediate view and presence of the courtor judge, a warrant of attachment may be issued to bring the person charged toanswer, or, without a previous arrest, a warrant of commitment may, uponnotice, or upon an order to show cause, be granted; and no warrant ofcommitment shall be issued without such previous attachment to answer, or suchnotice or order to show cause.

[1911 CPA 455; RL 5397; NCL 8944]

NRS 22.050 Amountof bail may be fixed by endorsement on warrant of attachment. Whenever a warrant of attachment is issued pursuant tothis chapter, the court or judge shall direct, by an endorsement on suchwarrant, that the person charged may be let to bail for his appearance, in anamount to be specified in such endorsement.

[1911 CPA 456; RL 5398; NCL 8945]

NRS 22.060 Dutiesof sheriff. Upon executing the warrant ofattachment, the sheriff shall keep the person in custody, bring him before the courtor judge, and detain him until an order be made in the premises, unless theperson arrested entitle himself to be discharged, as provided in NRS 22.070.

[1911 CPA 457; RL 5399; NCL 8946]

NRS 22.070 Dischargefrom arrest on furnishing bail; form and conditions of bond. When a direction to let the person arrested to bail iscontained in the warrant of attachment, or endorsed thereon, he shall bedischarged from the arrest upon executing and delivering to the officer, at anytime before the return day of the warrant, a written undertaking, with twosufficient sureties, to the effect that the person arrested will appear on thereturn of the warrant and abide the order of the court or judge thereupon, orthey will pay as may be directed the sum specified in the warrant.

[1911 CPA 458; RL 5400; NCL 8947]

NRS 22.080 Returnof warrant and undertaking by officer. Theofficer shall return the warrant of arrest and the undertaking, if any, receivedby him from the person arrested, by the return day specified therein.

[1911 CPA 459; RL 5401; NCL 8948]

NRS 22.090 Trial;court to hear answer and witnesses; adjournment. Whenthe person arrested has been brought up or appeared, the court or judge shallproceed to investigate the charge, and shall hear any answer which the person arrestedshall make to the same, and may examine witnesses for or against him, for whichan adjournment may be had from time to time if necessary.

[1911 CPA 460; RL 5402; NCL 8949]

NRS 22.100 Penaltyfor contempt.

1. Upon the answer and evidence taken, the court orjudge or jury, as the case may be, shall determine whether the person proceededagainst is guilty of the contempt charged.

2. Except as otherwise provided in NRS 22.110, if a person is found guilty ofcontempt, a fine may be imposed on him not exceeding $500 or he may be imprisonednot exceeding 25 days, or both.

3. In addition to the penalties provided in subsection2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require theperson to pay to the party seeking to enforce the writ, order, rule or processthe reasonable expenses, including, without limitation, attorneys fees,incurred by the party as a result of the contempt.

[1911 CPA 461; A 1913, 117; NCL 8950](NRS A 2005, 62)

NRS 22.110 Imprisonmentuntil performance if contempt is omission to perform an act; penalty forfailure or refusal to testify before grand jury.

1. Except as otherwise provided in subsection 2, whenthe contempt consists in the omission to perform an act which is yet in thepower of the person to perform, he may be imprisoned until he performs it. Therequired act must be specified in the warrant of commitment.

2. A person so imprisoned as a result of his failureor refusal to testify before a grand jury may be imprisoned in the county jailfor a period not to exceed 6 months or until that grand jury is discharged,whichever is less.

[1911 CPA 462; RL 5404; NCL 8951](NRS A 1985,1033)

NRS 22.120 Indictmentfor contemptuous conduct. Persons proceededagainst according to the provisions of this chapter shall also be liable toindictment for the same misconduct, if it be an indictable offense, but thecourt before which a conviction is had on an indictment, in passing sentence,shall take into consideration the punishment before inflicted.

[1911 CPA 463; RL 5405; NCL 8952]

NRS 22.130 Proceedingswhen defendant does not appear; measure of damages in an action on theundertaking. When the warrant of arrest hasbeen returned served, if the person arrested does not appear on the return day,the court or judge may issue another warrant of arrest, or may order theundertaking to be prosecuted, or both. If the undertaking be prosecuted, themeasure of damages in the action shall be the extent of the loss or injurysustained by the aggrieved party by reason of the misconduct for which thewarrant was issued, and the costs of the proceeding.

[1911 CPA 464; RL 5406; NCL 8953]

NRS 22.140 Excusesfor not bringing arrested person before the court; persons not to beunnecessarily restrained. Whenever, by theprovisions of this chapter, an officer is required to keep a person arrested ona warrant of attachment in custody, and to bring him before a court or judge,the inability, from illness or otherwise, of the person to attend shall be asufficient excuse for not bringing him up; and the officer shall not confine aperson arrested upon the warrant in a prison, or otherwise restrain him ofpersonal liberty, except so far as may be necessary to secure his personalattendance.

[1911 CPA 465; RL 5407; NCL 8954]

 

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