2016 North Dakota Century Code Title 27 Judicial Branch of Government Chapter 27-10 Contempts
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CHAPTER 27-10
CONTEMPTS
27-10-01. Acts punishable as criminal contempts by courts of record.
Repealed by S.L. 1975, ch. 106, § 673.
27-10-01.1. Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Contempt of court" means:
a. Intentional misconduct in the presence of the court which interferes with the court
proceeding or with the administration of justice, or which impairs the respect due
the court;
b. Intentional nonpayment of a sum of money ordered by the court to be paid in a
case when by law execution cannot be awarded for the collection of the sum;
c. Intentional disobedience, resistance, or obstruction of the authority, process, or
order of a court or other officer, including a referee or magistrate;
d. Intentional refusal of a witness to appear for examination, to be sworn or to affirm,
or to testify after being ordered to do so by the court;
e. Intentional refusal to produce a record, document, or other object after being
ordered to do so by the court;
f. Intentional behavior in derogation of any provision of a summons issued pursuant
to rule 8.4 of the North Dakota Rules of Court; or
g. Any other act or omission specified in the court rules or by law as a ground for
contempt of court.
2. "Court" means a court of record of this state.
3. "Punitive sanction" includes a sanction of imprisonment if the sentence is for a definite
period of time. A sanction requiring payment of a sum of money is punitive if the
sanction is not conditioned upon performance or nonperformance of an act, and if the
sanction's purpose is to uphold the authority of the court.
4. "Remedial sanction" includes a sanction that is conditioned upon performance or
nonperformance of an act required by court order. A sanction requiring payment of a
sum of money is remedial if the sanction is imposed to compensate a party or
complainant, other than the court, for loss or injury suffered as a result of the
contempt.
27-10-01.2. Power of court to punish for contempt of court.
1. A court of record of this state may impose a remedial or punitive sanction for contempt
of court under this chapter.
2. Upon the trial of an action or issue by a referee appointed by the court, the
commission of any offense that constitutes contempt of court must be deemed
contempt of the court appointing the referee, and the offense may be punished by the
court in the manner and upon the proceedings in this chapter provided, except that the
offense may be presented to the court by a report of the referee instead of by affidavit.
27-10-01.3. Nonsummary procedure for remedial and punitive sanctions - Joint
hearing and trial - Summary procedure - Appeal.
1. a. The court on its own motion or motion of a person aggrieved by contempt of court
may seek imposition of a remedial sanction for the contempt by filing a motion for
that purpose in the proceeding to which the contempt is related. The court, after
notice and hearing, may impose a remedial sanction authorized by this chapter.
In a proceeding to impose a remedial sanction for failure to pay child or spousal
support, an order to pay support is prima facie evidence the obligor has the ability
to pay, and the burden of persuasion is upon the obligor to prove inability to pay
the support ordered.
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b.
2.
3.
The state's attorney of a county, the attorney general, or a special prosecutor
appointed by the court may seek the imposition of a punitive sanction by issuing a
complaint charging a person with contempt of court and reciting the sanction
sought to be imposed. The state's attorney, attorney general, or special
prosecutor may initiate issuance of the complaint or may issue the complaint on
the request of a party to an action or proceeding in a court or of the judge
presiding in an action or proceeding. A judge is disqualified from presiding at the
trial of an alleged contemnor if a reasonable likelihood or appearance of bias or
prejudice will otherwise exist, if the contempt alleged involves disrespect or
criticism of the judge, or if the judge has personal knowledge of disputed
evidentiary facts. The person charged is entitled to a trial by jury.
c. The court may hold a hearing on a motion for a remedial sanction jointly with a
trial on a complaint seeking a punitive sanction.
The judge presiding in an action or proceeding may impose a punitive sanction upon a
person who commits contempt of court in the actual presence of the court. The judge
shall impose the punitive sanction immediately after the contempt of court and only for
the purpose of preserving order in the court and protecting the authority and dignity of
the court.
An appeal may be taken to the supreme court from any order or judgment finding a
person guilty of contempt. An order or judgment finding a person guilty of contempt is
a final order or judgment for purposes of appeal.
27-10-01.4. Remedial sanctions - Punitive sanctions for nonsummary and summary
procedure - Past conduct.
1. A court may impose one or more of the following remedial sanctions:
a. Payment of a sum of money sufficient to compensate a party or complainant,
other than the court, for a loss or injury suffered as a result of the contempt,
including an amount to reimburse the party for costs and expenses incurred as a
result of the contempt;
b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d,
e, or f of subsection 1 of section 27-10-01.1. The imprisonment may extend for as
long as the contemnor continues the contempt or six months, whichever is
shorter;
c. A forfeiture not to exceed two thousand dollars for each day the contempt
continues;
d. An order designed to ensure compliance with a previous order of the court; or
e. A sanction other than the sanctions specified in subdivisions a through d if the
court expressly finds that those sanctions would be ineffectual to terminate a
continuing contempt.
2. a. A court, after a finding of contempt of court in a nonsummary procedure under
subdivision b of subsection 1 of section 27-10-01.3, may impose for each
separate contempt of court a fine not exceeding one thousand dollars,
imprisonment in the county jail for not more than one year, or both.
b. A court, after a finding of contempt of court in the summary procedure under
subsection 2 of section 27-10-01.3, may impose for each separate contempt of
court a fine of not more than five hundred dollars, imprisonment in the county jail
for not more than thirty days, or both.
3. A punitive sanction may be imposed for past conduct that was a contempt of court
even though similar present conduct is a continuing contempt of court.
27-10-02. Penalty for criminal contempt.
Repealed by S.L. 1975, ch. 106, § 673.
27-10-03. Acts punishable as civil contempts.
Repealed by S.L. 1993, ch. 89, § 32.
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27-10-04. Penalty for civil contempt - When party injured indemnified instead of fine
being imposed.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-05. Corporations subject to fines.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-06. Contempt committed in presence of judge punishable summarily - Order
imposing punishment.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-07. Order to show cause or warrant of attachment for contempt not committed
in presence of judge.
In addition to the procedure set out in section 27-10-01.3, when an act punishable as
contempt is not committed in the immediate view and presence of the court, the court, upon
being satisfied of the commission of the offense, may:
1. Order the accused to show cause at a specified time and place why the accused
should not be punished for the alleged offense; or
2. Issue a warrant of attachment directed to the sheriff of any county where the accused
may be found commanding the sheriff to arrest and bring the accused before the court
at a specified time and place to answer for the alleged offense.
27-10-08. Nature of proceedings upon order to show cause or warrant of attachment
for contempt.
An order to show cause issued pursuant to section 27-10-07 may be made in the action or
proceeding in or respecting which the offense was committed, either before or after the final
judgment or order therein, and is equivalent to a notice of motion. The subsequent proceedings
must be taken in the action or proceeding as upon a motion made therein.
27-10-09. Papers to be served on person arrested for contempt.
When a person accused of contempt is arrested under a warrant of attachment, a copy of
the warrant and of the affidavit or report of a referee upon which it is issued must be served
upon the accused.
27-10-10. Amount of undertaking for appearance of accused may be fixed and
endorsed on warrant by judge.
When a warrant of attachment of a person accused of contempt is issued, the court, by an
endorsement thereon, may fix a sum in which the accused may give an undertaking for the
accused's appearance to answer.
27-10-11. Duties of sheriff after arrest if undertaking not given by accused.
When a person accused of contempt is arrested upon a warrant of attachment, the sheriff, if
the amount of the undertaking for the appearance of the accused is not endorsed on the
warrant, or if such an endorsement is made and an undertaking is not given as prescribed in
section 27-10-10, shall keep the accused in custody until the further direction of the court. When
from sickness or other cause the accused is physically unable to attend before the court, that
fact is a sufficient excuse to the sheriff for not producing the accused as required by the warrant.
In that case, the sheriff shall produce the accused as directed by the court after the accused
becomes able to attend. The sheriff in any case need not confine the accused in prison or
otherwise restrain the accused except so far as is necessary in order to secure the accused's
personal attendance.
27-10-12. Accused discharged from arrest on delivering undertaking - Nature of
undertaking.
Repealed by S.L. 1993, ch. 89, § 32.
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27-10-13. Procedure on return of warrant of attachment or order to show cause for
contempt.
When a person accused of contempt is produced by virtue of a warrant of attachment, or
appears upon the return of such a warrant or of an order to show cause, the court shall proceed
pursuant to subsection 1 of section 27-10-01.3.
27-10-14. Order directing punishment of and warrant of commitment of person found
guilty of contempt.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-15. Contents of order for punishment and warrant of commitment.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-16. Person imprisoned for contempt may be ordered discharged.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-17. Punishment for contempt no bar to criminal prosecution.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-18. Procedure when person arrested gives undertaking for appearance but fails
to appear.
When a person arrested by authority of a warrant of attachment for contempt has given an
undertaking as prescribed in this chapter and fails to appear on the return day of the warrant,
the court may issue another warrant or may make an order directing the undertaking to be
prosecuted, or both.
27-10-19. Undertaking may be ordered prosecuted by and in behalf of party aggrieved
- Extent of recovery.
An order directing an undertaking given for the appearance of a person accused of
contempt to be prosecuted, in the discretion of the court, may direct the prosecution thereof by
and in the name of any party aggrieved by the misconduct of the accused. In such a case, the
plaintiff may recover damages to the extent of the loss or injury sustained by reason of the
misconduct, together with the costs and expenses of prosecuting the proceedings in which the
warrant was issued, but the recovery may not exceed the sum specified in the undertaking.
27-10-20. When undertaking ordered prosecuted in name of state - Disposition of
moneys collected.
In an order for the prosecution of an undertaking given for the appearance of a person
accused of contempt, the court, whenever it thinks proper to do so, may, or whenever no party
is aggrieved by the misconduct of the person, shall, direct a prosecution to be made in the name
of this state by the attorney general or by the state's attorney of the county in which the
undertaking was given. In an action brought pursuant to such direction, the state is entitled to
recover the entire sum specified in the undertaking. Out of the money collected, the court which
directed the prosecution must order the person at whose instance a warrant was issued to be
paid such a sum as it thinks proper to satisfy the costs and expenses incurred by the person
and to compensate the person for the loss or injury sustained by reason of the misconduct. The
residue of the money must be paid into the treasury of this state to the credit of the school fund.
27-10-21. Sheriff liable for insufficient surety - Enforcement of liability.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-22. Procedure to punish contempt before referee.
Repealed by S.L. 1993, ch. 89, § 32.
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27-10-23. Contempt of witness before notary public, officer, board, or tribunal.
If a witness fails to attend for examination when duly required to do so, or refuses to be
sworn, or to answer as a witness, before a notary public or any other officer, board, or tribunal
authorized by law to require the witness's attendance for examination and to take testimony, the
notary public, officer, board, or tribunal shall certify that fact to the judge of the district court of
the county in which the witness resides or in which the witness may be present. The judge, by
order, then shall require the witness to attend an examination before the judge at a specified
time and place. Upon the return day of the order, the examination of the witness must be
conducted before the judge, and for the failure of the witness to attend, or to be sworn, or to
answer as a witness, or for a refusal of the witness to do any act required of the witness by law,
the witness may be punished as for a contempt in the manner provided in this chapter.
27-10-24. Appeal to supreme court from final order adjudging a person guilty of
contempt.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-25. Undertaking for stay of execution of order on appeal in criminal contempt.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-26. Undertaking for stay of execution of order on appeal in civil contempts.
Repealed by S.L. 1993, ch. 89, § 32.
27-10-27. Undertaking on appeal in contempt where stay of execution not desired.
Repealed by S.L. 1993, ch. 89, § 32.
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