78B-6-301. Acts and omissions constituting contempt. The following acts or omissions in respect to a court or its proceedings are contempts of the authority of the court: (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the course of a trial or other judicial proceeding; (2) breach of […]
78B-6-302. Contempt in immediate presence of court — Summary action — Outside presence of court — procedure. (1) When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily. An order shall be made, reciting the facts occurring in the immediate view and […]
78B-6-303. Warrant of attachment or commitment order to show cause. If 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. If there is no previous arrest, a warrant of commitment may, upon notice, or […]
78B-6-304. Bail. Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge must direct, by an indorsement on the warrant, that the person charged may be allowed to post bail for the person’s appearance, in an amount to be prescribed in the indorsement. Renumbered and Amended by Chapter 3, 2008 […]
78B-6-305. Duty of sheriff — Excuse for nonappearance — Unnecessary restraint forbidden. (1) Upon executing the warrant of attachment, the sheriff shall keep the person in custody and bring the person before the court or judge until an order is made in the premises, unless the person arrested posts bail as provided in Section 78B-6-306. […]
Effective 5/12/2020 78B-6-306. Bail bond — Form. When a direction to allow the person arrested to post bail is contained in the warrant of attachment, the person shall be released if bond is posted and the person executes a written promise to appear on the return of the warrant, and abide by the order of […]
78B-6-307. Officer’s return. The officer shall return the warrant of arrest, and the undertaking, if any, received from the person arrested, by the return day specified therein. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-308. Procedure when party charged fails to appear. When the warrant of arrest has been served, if the person arrested does not appear on the specified day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted or both. If the undertaking is prosecuted, the measure of […]
78B-6-309. Hearing. When the person arrested has been brought up or has appeared, the court shall proceed to investigate the charge, and hear any answer which the person arrested may make. The court may examine witnesses for or against the person arrested, for which an adjournment may be had from time to time, if necessary. […]
Effective 7/1/2019 78B-6-310. Contempt — Action by court. (1) The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 […]
Effective 5/12/2020 78B-6-311. Damages to party aggrieved. (1) If an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court: (a) in lieu of or in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay the […]
78B-6-312. Imprisonment to compel performance. When the contempt consists of the omission to perform an act enjoined by law, which is yet in the power of the person to perform, the person may be imprisoned until the act is performed, or until released by the court. The act shall be specified in the warrant of […]
78B-6-313. Contempt of process of nonjudicial officer — Procedure. (1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person […]
78B-6-314. Re-entry after eviction from real property. (1) A person who is ordered to vacate real property by a court of competent jurisdiction, who, not having a right so to do, refuses to vacate, re-enters, or takes possession of, the real property, is guilty of a contempt of the court issuing the judgment. (2) Upon […]
78B-6-315. Noncompliance with child support order. (1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under Title 63G, Chapter 4, Administrative Procedures Act, makes an order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care for his child, and […]
78B-6-316. Compensatory service for violation of parent-time order or failure to pay child support. (1) If a court finds by a preponderance of the evidence that a parent has refused to comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall order the parent to: (a) perform a minimum […]
Effective 7/1/2021 78B-6-317. Willful failure to pay a civil accounts receivable or a civil judgment of restitution. (1) As used in this section: (a) “Civil accounts receivable” means the same as that term is defined in Section 77-32b-102. (b) “Civil judgment of restitution” means the same as that term is defined in Section 77-32b-102. (c) […]
