A. When it appears to the superior court by the return of a proper officer on lawful process, or upon affidavit of some credible person, or by information filed by the county attorney, that there is reasonable ground to believe that a person is guilty of the disobedience described in section 12-861, the court may order the person so charged to show cause at the time and place the court directs why he should not be punished for such disobedience.
B. The order, with a copy of the affidavit or information, shall be served upon the person charged within sufficient time to enable him to prepare and make return to the order, and if by the return the alleged contempt is not purged, a trial shall be directed at a time fixed by the court.
C. If the person allegedly in contempt fails or refuses to make return to the order, a warrant of arrest may issue directing the sheriff or any constable of the county where the person charged resides or may be found, to arrest him and bring him before the court at a time and place directed by the court, and such person may be required to give bail for his attendance at the trial and his submission to final judgment of the court.
D. If accused is a corporation, an attachment for sequestration of its property may be issued upon refusal or failure to answer.
Notes of Decisions
Green v. Lisa Frank, Inc., 211 P.3d 16 (Ariz. Ct. App. 2009).
· cites it 4× “" A.R.S. § 12-862(A). Our criminal appeals statute, A.”
Stoddard v. Donahoe, 228 P.3d 144 (Ariz. Ct. App. 2010).
“Section 12-863 (2003) then outlines the rights available to a person charged with criminal contempt, including the right to a jury trial. The statute also defines criminal contempt as a class 2 misdemeanor and gives the person the right to appeal “as in criminal cases and the…”
State v. Cohen, 489 P.2d 283 (Ariz. Ct. App. 1971).
· cites it 2× “It is equally clear that although the trial judge was laboring under a misapprehension as to the nature of the proceeding, all the procedural safeguards and requirements of A.R.S. § 12-862 and § 12-863 were met. DOES THE EVIDENCE SUPPORT A FINDING OF GUILTY? Defendant Cohen…”
Ong Hing v. Thurston, 416 P.2d 416 (Ariz. 1966).
“§ 12-861 states: “A person who wilfully disobeys a lawful writ, process, order or judgment of a superior court by doing an act or thing therein or thereby forbidden, if the act or thing done also constitutes a criminal offense, shall be proceeded against for contempt as provided…”
State v. Betts, 406 P.2d 229 (Ariz. Ct. App. 1965).
· cites it 3× “Criminal contempt defined “A person who wilfully disobeys a lawful writ, process, order or judgment of a superior court by doing an act or thing therein or thereby forbidden, if the act or thing done also constitutes a criminal offense, shall be proceeded against for contempt as…”
Pace v. Pace, 626 P.2d 619 (Ariz. Ct. App. 1981).
· cites it 7× “In Arizona, contempts are generally divided into two procedural varieties by A.R.S. §§ 12-861 and -864. 2 Section 12-861 refers to “doing an act or thing .”
Vanguard Eng'g v. Superior Court, 803 P.2d 126 (Ariz. Ct. App. 1990).
· cites it 2× “Criminal contempt which also constitutes a criminal offense must be proceeded against as provided for in A.R.S. §§ 12-862 and 12-863. A.R.S. § 12-861.”
Lisa Frank v. James A. Green (Ariz. Ct. App. 2009).
· cites it 2× “§ 13-4031, permits appeal only from a “prosecution by indictment, information or complaint,” which would appear to exclude contempt proceedings initiated by affidavit. And § 12-863(D) provides that, during an appeal from a conviction for criminal contempt, the execution of…”
Phelps v. Superior Court, 424 P.2d 209 (Ariz. Ct. App. 1967).
“The petitioner, who appeared only as a representative of the defendant, was not given any notice as an individual relative to the contempt proceedings.”
Ariz. Rev. Stat. § 12-862(A): 2 cases
Lisa Frank v. James A. Green (Ariz. Ct. App. 2009).
“§ 13-4031, permits appeal only from a “prosecution by indictment, information or complaint,” which would appear to exclude contempt proceedings initiated by affidavit. And § 12-863(D) provides that, during an appeal from a conviction for criminal contempt, the execution of…”
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