USA Statutes : nevada
Title : Title 02 - CIVIL PRACTICE
Chapter : CHAPTER 22 - CONTEMPTS
The
following acts or omissions shall be deemed contempts:
1. Disorderly, contemptuous or insolent behavior toward the judge
while he is holding court, or engaged in his judicial duties at chambers,
or toward masters or arbitrators while sitting on a reference or
arbitration, or other judicial proceeding.
2. A breach of the peace, boisterous conduct or violent
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 refusing to be sworn
or answer as a witness.
5. Rescuing any person or property in the custody of an officer by
virtue of an order or process of such court or judge at chambers.
6. Disobedience of the order or direction of the court made
pending the trial of an action, in speaking to or in the presence of a
juror 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 to influence his verdict.
7. Abusing the process or proceedings of the court or falsely
pretending to act under the authority of an order or process of the court.
[1911 CPA § 452; RL § 5394; NCL § 8941]—(NRS A 1983, 843)
Every person dispossessed of or ejected from any real property
by the judgment or process of any court of competent jurisdiction, and
who, not having a right so to do, reenters into or upon or takes
possession of any such real property, or induces or procures any person
not having a right so to do, or aids or abets him therein, is guilty of a
contempt of the court by which such judgment was rendered or from which
such process issued, and shall be tried and punished therefor in the same
manner and form as provided by law in cases of contempt not committed in
the presence of the court or justice of the peace. Upon conviction for
such contempt, the court or justice of the peace shall immediately issue
an alias process directing the proper officer to restore possession to
the party entitled to the property under the original judgment, decree or
process.
[1911 CPA § 453; RL § 5395; NCL § 8942]—(NRS A 1983, 844)
1. If a contempt is committed in the immediate view and presence
of the court or judge at chambers, the contempt may be punished
summarily. If the court or judge summarily punishes a person for a
contempt pursuant to this subsection, the court or judge shall enter an
order that:
(a) Recites the facts constituting the contempt in the immediate
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 immediate view and
presence of the court or judge at chambers, an affidavit must be
presented to the court or judge of the facts constituting the contempt,
or a statement of the facts by the masters or arbitrators.
3. Except as otherwise provided in this subsection, if a contempt
is not committed in the immediate view and presence of the court, the
judge of the court in whose contempt the person is alleged to be shall
not preside at the trial of the contempt over the objection of the
person. The provisions of this subsection do not apply in:
(a) Any case where a final judgment or decree of the court is drawn
in question and such judgment or decree was entered in such court by a
predecessor judge thereof 10 years or more preceding the bringing of
contempt 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 court has been
established in the judicial district.
[1911 CPA § 454; A 1913, 117; 1951, 448]—(NRS A 1999, 2021 )
When the contempt is not committed in the immediate view and presence of
the court or judge, a warrant of attachment may be issued to bring the
person charged to answer, or, without a previous arrest, a warrant of
commitment may, upon notice, or upon an order to show cause, be granted;
and no warrant of commitment shall be issued without such previous
attachment to answer, or such notice or order to show cause.
[1911 CPA § 455; RL § 5397; NCL § 8944]
Whenever a warrant of attachment is issued pursuant to
this chapter, the court or judge shall direct, by an endorsement on such
warrant, that the person charged may be let to bail for his appearance,
in an amount to be specified in such endorsement.
[1911 CPA § 456; RL § 5398; NCL § 8945]
Upon executing the warrant of
attachment, the sheriff shall keep the person in custody, bring him
before the court or judge, and detain him until an order be made in the
premises, unless the person arrested entitle himself to be discharged, as
provided in NRS 22.070 .
[1911 CPA § 457; RL § 5399; NCL § 8946]
When a direction to let the person arrested to bail
is contained in the warrant of attachment, or endorsed thereon, he shall
be discharged from the arrest upon executing and delivering to the
officer, at any time before the return day of the warrant, a written
undertaking, with two sufficient sureties, to the effect that the person
arrested will appear on the return of the warrant and abide the order of
the court or judge thereupon, or they will pay as may be directed the sum
specified in the warrant.
[1911 CPA § 458; RL § 5400; NCL § 8947]
The
officer shall return the warrant of arrest and the undertaking, if any,
received by him from the person arrested, by the return day specified
therein.
[1911 CPA § 459; RL § 5401; NCL § 8948]
When the person arrested has been brought up or appeared, the court or
judge shall proceed to investigate the charge, and shall hear any answer
which the person arrested shall make to the same, and may examine
witnesses for or against him, for which an adjournment may be had from
time to time if necessary.
[1911 CPA § 460; RL § 5402; NCL § 8949]
1. Upon the answer and evidence taken, the court or judge or jury,
as the case may be, shall determine whether the person proceeded against
is guilty of the contempt charged.
2. Except as otherwise provided in NRS 22.110 , if a person is found guilty of contempt, a
fine may be imposed on him not exceeding $500 or he may be imprisoned not
exceeding 25 days, or both.
3. In addition to the penalties provided in subsection 2, if a
person is found guilty of contempt pursuant to subsection 3 of NRS 22.010
, the court may require the person to
pay to the party seeking to enforce the writ, order, rule or process the
reasonable expenses, including, without limitation, attorney’s fees,
incurred by the party as a result of the contempt.
[1911 CPA § 461; A 1913, 117; NCL § 8950]—(NRS A 2005, 62 )
1. Except as otherwise provided in subsection 2, when the contempt
consists in the omission to perform an act which is yet in the power of
the person to perform, he may be imprisoned until he performs it. The
required act must be specified in the warrant of commitment.
2. A person so imprisoned as a result of his failure or refusal to
testify before a grand jury may be imprisoned in the county jail for 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)
Persons proceeded
against according to the provisions of this chapter shall also be liable
to indictment for the same misconduct, if it be an indictable offense,
but the court 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]
When the warrant of arrest has
been 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 the undertaking to be prosecuted, or both. If the undertaking
be prosecuted, the measure of damages in the action shall be the extent
of the loss or injury sustained by the aggrieved party by reason of the
misconduct for which the warrant was issued, and the costs of the
proceeding.
[1911 CPA § 464; RL § 5406; NCL § 8953]
Whenever, by the
provisions of this chapter, an officer is required to keep a person
arrested on a 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 a sufficient excuse for not bringing him up; and the
officer shall not confine a person arrested upon the warrant in a prison,
or otherwise restrain him of personal liberty, except so far as may be
necessary to secure his personal attendance.
[1911 CPA § 465; RL § 5407; NCL § 8954]
