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Circuit Court Probate Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- PROBATE DIVISION 

Rule 95. CRIMINAL CONTEMPT.

    
    (a) Summary Disposition. A direct criminal contempt may be punished summarily if the judge certifies that he or she saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the Court. Oral notice of the conduct observed must be given by the judge and the contemnor given an opportunity to speak in his or her defense. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. The disposition, when imposed, shall also be entered on a separately numbered State v. (The Contemnor) file.

    (b) Disposition Upon Notice and Hearing. An indirect criminal contempt shall be prosecuted on notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice shall be given orally by the Judge in open court in the presence of the defendant or, on application of an Attorney for the State or of an Attorney appointed by the Court for that purpose, by an order to show cause or an order of arrest. The defendant is entitled to admission to bail as provided by statute. In a proceeding under this subdivision, if the contempt charged involves disrespect to or criticism of a Judge, that Judge is disqualified from presiding at the trial or hearing except with the defendant's consent. Upon a verdict or finding of guilt, the Court shall enter an order fixing the punishment.

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Circuit Court Probate Division Rules Table of Contents