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NC General Statutes

N.C. Gen. Stat. § 5A-14 (2026)

Summary proceedings for contempt

✓ current as of July 2026
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(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 must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting the summary imposition of measures in response to contempt. The facts must be established beyond a reasonable doubt. (1977, c. 711, s. 3.)

 

Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 1979–2025 · leading case: State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005).
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State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005). · cites it 12× “) With direct contempt, the judge may summarily punish the contemnor following the procedures of N.C. Gen.Stat. § 5A-14 (2003), which permits "summary" contempt proceedings if they occur contemporaneously with the contemptuous act.”
State v. Terry, 562 S.E.2d 537 (N.C. Ct. App. 2002). · cites it 10× “N.C. Gen. Stat. § 5A-14(b) (1999). The Official Commentary to the statute notes that it: was intended not to provide for a hearing, or anything approaching that, in summary contempt proceedings, but merely to assure that the alleged contemnor had an opportunity to point out…”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016). · cites it 18× “1 Assuming without deciding that appellant engaged in direct criminal contempt, we hold that the trial court failed to follow the requirements of N.C. Gen.Stat. § 5A-14 and the order must be vacated.”
In Re Contempt Proceedings Against Cogdell, 644 S.E.2d 261 (N.C. Ct. App. 2007). · cites it 18× “N.C. Gen.Stat. § 5A-14(b) sets out the requirements of summary proceedings for direct criminal contempt: Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to…”
State v. Tincher, 831 S.E.2d 859 (N.C. Ct. App. 2019). · cites it 9× “In addition, "[t]he presiding judicial official may punish summarily for direct criminal contempt according to the requirements of [ N.C. Gen. Stat. § 5A-14.]" Id. § 5A-13(a).”
State v. Randell, 567 S.E.2d 814 (N.C. Ct. App. 2002). · cites it 11× “” Defendant argued federal case law and that the court was adjourned, thus he could not have interrupted business. At this point, while the trial court continued to find defendant in contempt of court, the court released him for time served.”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019). · cites it 4× “Section 5A-14 of our General Statutes allows a judge to "summarily impose measures in response to direct criminal contempt[.”
State v. Ford, 596 S.E.2d 846 (N.C. Ct. App. 2004). · cites it 5× “§ 5A-14(b), relating to summary proceedings for contempt, states: (b) Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting…”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013). · cites it 5× “Applying the statutory requirements to the trial court order, the Cogdell Court held the contempt order fatally deficient where “the trial court’s order failed to indicate that he applied the beyond a reasonable doubt standard to his findings as required by N.C.G.S. § 5A-14(b).”…”
In Re Owens, 496 S.E.2d 592 (N.C. Ct. App. 1998). · cites it 6× “Addressing the argument that the trial court failed to allow Owens an opportunity to respond, we note that the official comments to N.C. Gen. Stat. § 5A-14 state that its provisions are not intended to *581 require a hearing, or anything approaching a hearing.”
O'Briant v. O'Briant, 329 S.E.2d 370 (N.C. 1985). · cites it 2× “” N.C. Gen. Stat. § 5A-14(a). In cases where a court does not act immediately to punish acts constituting direct contempt or where the contempt is indirect, notice and a hearing is required.”
State Ex Rel. Andrews v. Chateau X, Inc., 250 S.E.2d 603 (N.C. 1979). · cites it 2× “5A-13 and G.S. 5A-14, they apply only to acts of contempt committed near or before a judicial officer which are "likely to interrupt or interfere with matters then before the court.”
Show all 35 citing cases →
— N.C. Gen. Stat. § 5A-14(a) — 19 cases
State v. Terry, 562 S.E.2d 537 (N.C. Ct. App. 2002). “N.C. Gen. Stat. § 5A-14(b) (1999). The Official Commentary to the statute notes that it: was intended not to provide for a hearing, or anything approaching that, in summary contempt proceedings, but merely to assure that the alleged contemnor had an opportunity to point out…”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019). “Section 5A-14 of our General Statutes allows a judge to "summarily impose measures in response to direct criminal contempt[.”
State v. Randell, 567 S.E.2d 814 (N.C. Ct. App. 2002). “” Defendant argued federal case law and that the court was adjourned, thus he could not have interrupted business. At this point, while the trial court continued to find defendant in contempt of court, the court released him for time served.”
O'Briant v. O'Briant, 329 S.E.2d 370 (N.C. 1985). “” N.C. Gen. Stat. § 5A-14(a). In cases where a court does not act immediately to punish acts constituting direct contempt or where the contempt is indirect, notice and a hearing is required.”
Ray v. Greer, 713 S.E.2d 93 (N.C. Ct. App. 2011).
— N.C. Gen. Stat. § 5A-14(b) — 19 cases
In Re Contempt Proceedings Against Cogdell, 644 S.E.2d 261 (N.C. Ct. App. 2007). “N.C. Gen.Stat. § 5A-14(b) sets out the requirements of summary proceedings for direct criminal contempt: Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to…”
State v. Ford, 596 S.E.2d 846 (N.C. Ct. App. 2004). “§ 5A-14(b), relating to summary proceedings for contempt, states: (b) Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting…”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013). “Applying the statutory requirements to the trial court order, the Cogdell Court held the contempt order fatally deficient where “the trial court’s order failed to indicate that he applied the beyond a reasonable doubt standard to his findings as required by N.C.G.S. § 5A-14(b).”…”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016). “1 Assuming without deciding that appellant engaged in direct criminal contempt, we hold that the trial court failed to follow the requirements of N.C. Gen.Stat. § 5A-14 and the order must be vacated.”
State v. Terry, 562 S.E.2d 537 (N.C. Ct. App. 2002). “N.C. Gen. Stat. § 5A-14(b) (1999). The Official Commentary to the statute notes that it: was intended not to provide for a hearing, or anything approaching that, in summary contempt proceedings, but merely to assure that the alleged contemnor had an opportunity to point out…”
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