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Home » US Law » 2022 North Carolina General Statutes » Chapter 5A - Contempt » Article 1 - Criminal Contempt.

§ 5A-11 – Criminal contempt.

5A-11. Criminal contempt. (a) Except as provided in subsection (b), each of the following is criminal contempt: (1) Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings. (2) Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair […]

§ 5A-13 – Direct and indirect criminal contempt; proceedings required.

5A-13. Direct and indirect criminal contempt; proceedings required. (a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and (3) Is likely […]

§ 5A-14 – Summary proceedings for contempt.

5A-14. Summary proceedings for contempt. (a) The presiding judicial official may summarily impose measures in response to direct criminal contempt when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt. (b) Before imposing measures under this section, the judicial official […]

§ 5A-15 – Plenary proceedings for contempt.

5A-15. Plenary proceedings for contempt. (a) When a judicial official chooses not to proceed summarily against a person charged with direct criminal contempt or when he may not proceed summarily, he may proceed by an order directing the person to appear before a judge at a reasonable time specified in the order and show cause […]

§ 5A-16 – Custody of person charged with criminal contempt.

5A-16. Custody of person charged with criminal contempt. (a) A judicial official may orally order that a person he is charging with direct criminal contempt be taken into custody and restrained to the extent necessary to assure his presence for summary proceedings or notice of plenary proceedings. (b) If a judicial official who initiates plenary […]

§ 5A-17 – Appeals; bail proceedings.

5A-17. Appeals; bail proceedings. (a) A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge. (b) Upon appeal in a case […]