2005 Nevada Revised Statutes - Chapter 22 — Contempts
NRS 22.010 Actsor omissions constituting contempts.
NRS 22.020 Reentryon real property after ejectment by judgment or process.
NRS 22.030 Summarypunishment of contempt committed in immediate view and presence of court;affidavit or statement to be filed when contempt committed outside immediateview and presence of court; disqualification of judge.
NRS 22.040 Issuanceof warrants of attachment and commitment.
NRS 22.050 Amountof bail may be fixed by endorsement on warrant of attachment.
NRS 22.060 Dutiesof sheriff.
NRS 22.070 Dischargefrom arrest on furnishing bail; form and conditions of bond.
NRS 22.080 Returnof warrant and undertaking by officer.
NRS 22.090 Trial;court to hear answer and witnesses; adjournment.
NRS 22.100 Penaltyfor contempt.
NRS 22.110 Imprisonmentuntil performance if contempt is omission to perform an act; penalty forfailure or refusal to testify before grand jury.
NRS 22.120 Indictmentfor contemptuous conduct.
NRS 22.130 Proceedingswhen defendant does not appear; measure of damages in an action on theundertaking.
NRS 22.140 Excusesfor not bringing arrested person before the court; persons not to beunnecessarily restrained.
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NRS
1. Disorderly, contemptuous or insolent behavior towardthe judge while he is holding court, or engaged in his judicial duties atchambers, or toward masters or arbitrators while sitting on a reference orarbitration, or other judicial proceeding.
2. A breach of the peace, boisterous conduct orviolent disturbance in the presence of the court, or in its immediate vicinity,tending to interrupt the due course of the trial or other judicial proceeding.
3. Disobedience or resistance to any lawful writ,order, rule or process issued by the court or judge at chambers.
4. Disobedience of a subpoena duly served, or refusingto be sworn or answer as a witness.
5. Rescuing any person or property in the custody ofan officer by virtue of an order or process of such court or judge at chambers.
6. Disobedience of the order or direction of the courtmade pending the trial of an action, in speaking to or in the presence of ajuror concerning an action in which the juror has been impaneled to determine,or in any manner approaching or interfering with such juror with the intent toinfluence his verdict.
7. Abusing the process or proceedings of the court orfalsely pretending to act under the authority of an order or process of thecourt.
[1911 CPA 452; RL 5394; NCL 8941](NRS A 1983,843)
NRS
[1911 CPA 453; RL 5395; NCL 8942](NRS A 1983,844)
NRS
1. If a contempt is committed in the immediate viewand presence of the court or judge at chambers, the contempt may be punishedsummarily. If the court or judge summarily punishes a person for a contemptpursuant to this subsection, the court or judge shall enter an order that:
(a) Recites the facts constituting the contempt in theimmediate 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 immediateview and presence of the court or judge at chambers, an affidavit must bepresented to the court or judge of the facts constituting the contempt, or astatement of the facts by the masters or arbitrators.
3. Except as otherwise provided in this subsection, ifa contempt is not committed in the immediate view and presence of the court, thejudge of the court in whose contempt the person is alleged to be shall notpreside at the trial of the contempt over the objection of the person. Theprovisions of this subsection do not apply in:
(a) Any case where a final judgment or decree of thecourt is drawn in question and such judgment or decree was entered in suchcourt by a predecessor judge thereof 10 years or more preceding the bringing ofcontempt proceedings for the violation of the judgment or decree.
(b) Any proceeding described in subsection 1 of
[1911 CPA 454; A 1913, 117; 1951, 448](NRS A
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[1911 CPA 455; RL 5397; NCL 8944]
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[1911 CPA 456; RL 5398; NCL 8945]
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[1911 CPA 457; RL 5399; NCL 8946]
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[1911 CPA 458; RL 5400; NCL 8947]
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[1911 CPA 459; RL 5401; NCL 8948]
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[1911 CPA 460; RL 5402; NCL 8949]
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1. Upon the answer and evidence taken, the court orjudge or jury, as the case may be, shall determine whether the person proceededagainst is guilty of the contempt charged.
2. Except as otherwise provided in
3. In addition to the penalties provided in subsection2, if a person is found guilty of contempt pursuant to subsection 3 of
[1911 CPA 461; A 1913, 117; NCL 8950](NRS A
NRS
1. Except as otherwise provided in subsection 2, whenthe contempt consists in the omission to perform an act which is yet in thepower of the person to perform, he may be imprisoned until he performs it. Therequired act must be specified in the warrant of commitment.
2. A person so imprisoned as a result of his failureor refusal to testify before a grand jury may be imprisoned in the county jailfor a period not to exceed 6 months or until that grand jury is discharged,whichever is less.
[1911 CPA 462; RL 5404; NCL 8951](NRS A 1985,1033)
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[1911 CPA 463; RL 5405; NCL 8952]
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[1911 CPA 464; RL 5406; NCL 8953]
NRS
[1911 CPA 465; RL 5407; NCL 8954]
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