NRS
22.030 Summary punishment of contempt committed in immediate view and
presence of court; affidavit or statement to be filed when contempt committed
outside immediate view and presence of court; disqualification of judge.
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)
Notes of Decisions
Detwiler Vs. Dist. Ct. (baker Boyer Nat'l Bank), 2021 NV 18 (Nev. 2021).
· cites it 12× “Nothing in this opinion should be read to affect the court's authority to impose summary sanctions for direct contempt under NRS 22.030(1). "Direct contempts that occur in the court's presence may be immediately adjudged and sanctioned summarily, and, except for serious criminal…”
Awad v. Wright, 794 P.2d 713 (Nev. 1990).
· cites it 12× “On February 22, 1989, Awad filed a peremptory challenge objecting to Judge Shearing’s presiding over the contempt proceedings. NRS 22.030(3) clearly applies to the facts of this case, and the proper objection was timely and properly made.”
Whitehead v. Nevada Comm'n on Jud. Discipline, 873 P.2d 946 (Nev. 1994).
· cites it 2× “" See "Respondent's Opposition to Motion for an Order to Show Cause and Objection to this Court Presiding Over this Matter, NRS 22.030(3)" at 2 (emphasis added). Further, the Commission insisted: "Simply stated, judicial commission rules do not give this Court the authority to…”
Nuveda, LLC Vs. Dist. Ct. (terry), 2021 NV 54 (Nev. 2021).
· cites it 42× “Original petition for a writ of prohibition or, in the alternative, mandamus challenging a district court order denying a motion to transfer indirect contempt proceedings to another judge under NRS 22.030(3). Petition denied. Law Office of Mitchell Stipp and Mitchell Stipp, Las…”
In Re: Jud. Discipline of Rena Hughes, 2020 NV 46 (Nev. 2020).
· cites it 2× “2 (1994) (observing that only direct contempt, which occurs "in the coures presence[,] may be immediately adjudged and sanctioned summarily"); see also NRS 22.030. Contempt leads to sanctions that may be either criminal, serving to punish past misbehavior, or civil, seeking to…”
Gipson v. State, 714 P.2d 1007 (Nev. 1986).
· cites it 2× “Mitchell to appear before us on March 13, 1986, to explain his conduct in this matter.”
Houston v. DIST. CT., 135 P.3d 1269 (Nev. 2006).
· cites it 9× “[1] In that case, we considered when a district court's oral order must be written, signed and filed before becoming effective and noted that "nothing in this opinion precludes a court from summarily punishing a party who commits contempt in the court's immediate presence,…”
State, Dep't of Health v. Dist. Ct. (Nev. 2023).
· cites it 10× “NRS 22.030(1). In direct contempt, the events occurred "in the immediate view and presence of the court," so the court requires no additional information in order to enter a sanction.”
Bohannon v. Dist. Ct. (Bohannon) (Nev. 2017).
· cites it 2× “While a written order is not required by statute in instances of indirect contempt, see NRS 22.030, the lack of a formal written order greatly complicates this court's review of this matter.”
— Nev. Rev. Stat. § 22.030(1) — 7 cases
Detwiler Vs. Dist. Ct. (baker Boyer Nat'l Bank), 2021 NV 18 (Nev. 2021).
“Nothing in this opinion should be read to affect the court's authority to impose summary sanctions for direct contempt under NRS 22.030(1). "Direct contempts that occur in the court's presence may be immediately adjudged and sanctioned summarily, and, except for serious criminal…”
Houston v. DIST. CT., 135 P.3d 1269 (Nev. 2006).
“[1] In that case, we considered when a district court's oral order must be written, signed and filed before becoming effective and noted that "nothing in this opinion precludes a court from summarily punishing a party who commits contempt in the court's immediate presence,…”
State, Dep't of Health v. Dist. Ct. (Nev. 2023).
“NRS 22.030(1). In direct contempt, the events occurred "in the immediate view and presence of the court," so the court requires no additional information in order to enter a sanction.”
— Nev. Rev. Stat. § 22.030(1)(a) — 2 cases
Houston v. DIST. CT., 135 P.3d 1269 (Nev. 2006).
“[1] In that case, we considered when a district court's oral order must be written, signed and filed before becoming effective and noted that "nothing in this opinion precludes a court from summarily punishing a party who commits contempt in the court's immediate presence,…”
— Nev. Rev. Stat. § 22.030(2) — 4 cases
Awad v. Wright, 794 P.2d 713 (Nev. 1990).
“On February 22, 1989, Awad filed a peremptory challenge objecting to Judge Shearing’s presiding over the contempt proceedings. NRS 22.030(3) clearly applies to the facts of this case, and the proper objection was timely and properly made.”
State, Dep't of Health v. Dist. Ct. (Nev. 2023).
“NRS 22.030(1). In direct contempt, the events occurred "in the immediate view and presence of the court," so the court requires no additional information in order to enter a sanction.”
Bohannon v. Dist. Ct. (Bohannon) (Nev. 2017).
“While a written order is not required by statute in instances of indirect contempt, see NRS 22.030, the lack of a formal written order greatly complicates this court's review of this matter.”
— Nev. Rev. Stat. § 22.030(3) — 5 cases
Detwiler Vs. Dist. Ct. (baker Boyer Nat'l Bank), 2021 NV 18 (Nev. 2021).
“Nothing in this opinion should be read to affect the court's authority to impose summary sanctions for direct contempt under NRS 22.030(1). "Direct contempts that occur in the court's presence may be immediately adjudged and sanctioned summarily, and, except for serious criminal…”
Whitehead v. Nevada Comm'n on Jud. Discipline, 873 P.2d 946 (Nev. 1994).
“" See "Respondent's Opposition to Motion for an Order to Show Cause and Objection to this Court Presiding Over this Matter, NRS 22.030(3)" at 2 (emphasis added). Further, the Commission insisted: "Simply stated, judicial commission rules do not give this Court the authority to…”
Awad v. Wright, 794 P.2d 713 (Nev. 1990).
“On February 22, 1989, Awad filed a peremptory challenge objecting to Judge Shearing’s presiding over the contempt proceedings. NRS 22.030(3) clearly applies to the facts of this case, and the proper objection was timely and properly made.”
Nuveda, LLC Vs. Dist. Ct. (terry), 2021 NV 54 (Nev. 2021).
“Original petition for a writ of prohibition or, in the alternative, mandamus challenging a district court order denying a motion to transfer indirect contempt proceedings to another judge under NRS 22.030(3). Petition denied. Law Office of Mitchell Stipp and Mitchell Stipp, Las…”
Gipson v. State, 714 P.2d 1007 (Nev. 1986).
“Mitchell to appear before us on March 13, 1986, to explain his conduct in this matter.”
— Nev. Rev. Stat. § 22.030(l)(a) — 1 case
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