§
Subdivision 1.Kinds.
Contempts of court are of two kinds, direct and constructive.
§
Subd. 2.Direct.
Direct contempts are those occurring in the immediate view and presence of the court, and arise from one or more of the following acts:
(1) disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceedings;
(2) a breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the business of the court.
§
Subd. 3.Constructive.
Constructive contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions:
(1) misbehavior in office, or other willful neglect or violation of duty, by an attorney, court administrator, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;
(2) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;
(3) disobedience of any lawful judgment, order, or process of the court;
(4) assuming to be an attorney or other officer of the court, and acting as such without authority;
(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court;
(6) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried;
(7) any other unlawful interference with the process or proceedings of a court;
(8) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;
(9) when summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the action, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court;
(10) disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in an action or special proceeding in any court contrary to law after it has been removed from its jurisdiction, or disobedience of any lawful order or process of a judicial officer;
(11) failure or refusal to pay a surcharge levied pursuant to section 357.021, subdivision 6.
Notes of Decisions
Cited in
38
cases (
5 in the last 5 years), 1963–2025 · leading case:
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
· cites it 12× “Minn.Stat. § 588.01, subd. 2. Direct con-tempts may be punished summarily.”
State v. Martin, 555 N.W.2d 899 (Minn. 1996).
· cites it 15× “See Minn.Stat. § 588.01, subd. 1 (1994). Whether contempt is “civil” or “criminal” rests upon the court’s purpose in sanctioning the contemnor, rather than the nature of the misconduct itself.”
State Ex Rel. L.E.A. v. Hammergren, 294 N.W.2d 705 (Minn. 1980).
· cites it 4× “Thereafter, they were each charged with constructive contempt of court under Minn. Stat. § 588.01 , subd. 3(3) (1978) for violating a court order by running away from a shelter care facility [1] or failing to appear for a hearing.”
State v. Garcia, 481 N.W.2d 133 (Minn. Ct. App. 1992).
· cites it 10× “The trial court found appellant was in direct contempt under Minn.Stat. § 588.01, subd. 2 (1990) and summarily punished appellant.”
In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend, 869 N.W.2d 681 (Minn. Ct. App. 2015).
· cites it 2× ““Constructive contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge — ” Minn.Stat. § 588.01, subd. 3 (2014). “Th[e contempt] power gives the trial court inherently broad discretion to hold an individual in contempt…”
Atkins v. Martinez (In Re Atkins), 176 B.R. 998 (Bankr. D. Minn. 1994).
· cites it 2× “On January 25, 1993, Martinez brought a motion pursuant to Minn.Stat. § 588.01, for an order adjudging the Debtor in contempt of court for his refusal or failure to comply with the order compelling discovery.”
Sehlstrom v. Sehlstrom, 925 N.W.2d 233 (Minn. 2019).
· cites it 2× “" Minn. Stat. § 588.01 , subd. 3(3). "In addressing the limits on a trial judge's exercise of civil contempt powers[,] .”
In Re Welfare of A.W., 399 N.W.2d 223 (Minn. Ct. App. 1987).
· cites it 4× “Minn. Stat. § 588.01 , subd. 3 (1984). Criminal procedural safeguards are applicable in constructive criminal contempt cases.”
In Re the Welfare of E.J.B., 466 N.W.2d 768 (Minn. Ct. App. 1991).
· cites it 6× “Minn.Stat. § 588.01, subd. 2 (1988). Direct contempt arises from: (1) Disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceedings; (2) A breach of the peace, boisterous conduct,…”
State v. Lingwall, 637 N.W.2d 311 (Minn. Ct. App. 2001).
· cites it 2× “See Minn.Stat. § 588.01, subd. 2 (2000) (defining “direct contempt” as one “occurring in the immediate view and presence of the court”).”
In Re Jenison Contempt Proceedings, 120 N.W.2d 515 (Minn. 1963).
· cites it 4× “Section 588.01, subd. 2(1), defines a direct contempt as follows: “Direct contempts are those occurring in the immediate view and presence of the court, and arise from one or more of the following acts: “(1) Disorderly, contemptuous, or insolent behavior toward the judge while…”
State v. Tayari-Garrett, 841 N.W.2d 644 (Minn. Ct. App. 2014).
· cites it 2× “On May 25, the district court issued an order finding probable cause that appellant was in constructive contempt of court as defined by Minn.Stat. § 588.01, subd. 3 (2012). In its memorandum, the district court stated that Minnesota law provides that anyone charged with…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.