Contempts of court shall be divided into direct and indirect contempts. Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for. Indirect contempts of court shall consist of willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court. R.L.1910, § 2277
Notes of Decisions
Cited in
45
cases (
2 in the last 5 years), 1954–2024 · leading case:
Gilbert v. State, 648 P.2d 1226 (Okla. Crim. App. 1982).
Gilbert v. State, 648 P.2d 1226 (Okla. Crim. App. 1982).
· cites it 9× “Pursuant to that authorization, the Oklahoma Legislature passed 21 O.S.1981, § 565 which designated three particular types of conduct as “direct contempt” and defined “indirect contempt” as wilfully disobeying or resisting lawful court process or orders.”
Fields v. Driesel, 941 P.2d 1000 (Okla. Crim. App. 1997).
· cites it 4× “" 21 O.S.1991, § 565. The lawful order involved in this matter is the Judgment and Sentence entered in the criminal case of Mr.”
Potter v. Wilson, 609 P.2d 1278 (Okla. 1980).
· cites it 2× “HARGRAVE, Justice, dissenting: Title 21 O.S.1971 § 565 defines an indirect contempt of court as “wilful disobedience of any process or order lawfully issued or made by court .”
Woody v. State Ex Rel. Allen, 572 P.2d 241 (Okla. Crim. App. 1977).
· cites it 3× “Allen presiding, adjudged guilty of direct contempt of court, pursuant to 21 O.S.1971, § 565. On November 1,1976, a hearing was held.”
Lepak v. McClain, 844 P.2d 852 (Okla. 1992).
· cites it 2× “21 O.S.1991, § 565. 17 Whether a contempt is direct or indirect, the legislature has authorized punishment to consist of a fine not exceeding $500.”
Sommer v. Sommer, 1997 OK 123 (Okla. 1997).
· cites it 2× “21 O.S.1991 § 565; Woodworth v. Woodworth, 173 Okla.”
Miskovsky v. State Ex Rel. Jones, 586 P.2d 1104 (Okla. Crim. App. 1978).
· cites it 2× “On remand, the contempt hearing was assigned to the Honorable Dick Jones, who found the appellant guilty of direct contempt of court, 21 O.S.1971, § 565, and fined him Five Hundred ($500.”
Lerma v. Wal-Mart Stores, Inc., 2006 OK 84 (Okla. 2006).
“Title 21 O.S. §§ 565, 566 and 567 create a separate statutory procedure for indirect contempt of court.”
Best v. Evans, 297 P.2d 379 (Okla. 1956).
· cites it 3× “Our present statute defining contempts, 21 O.S.1951 § 565; is almost identical with a statute of Oklahoma Territory, Cháp.”
Henry v. Schmidt, 2004 OK 34 (Okla. 2004).
“Okla. Stat. tit. 21, § 565 (2001). 10 . Id.”
Seay v. Howell, 311 P.2d 207 (Okla. 1957).
· cites it 3× “II, § 25, Oklahoma Constitution, wherein it is specifically provided: “The legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt: * * Pursuant to the foregoing constitutional mandate the Legislature, in 21 O.S.1951 §…”
Fulreader v. State, 408 P.2d 775 (Okla. 1965).
· cites it 2× “The governing statute is, 21 O.S.1961, § 565, which reads in part as follows: “ * * * Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and wilful refusal of…”
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