New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter B - Second Judicial Department
Article 1 - Appellate Division
Subarticle B - Special Rules
Part 701 - Exercise Of The Judicial Contempt Power
Section 701.2 - Exercise of the summary contempt power

Universal Citation: 22 NY Comp Codes Rules and Regs § 701.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The power of the court to punish summarily any contempt committed in its immediate view and presence shall be exercised only in exceptional and necessitous circumstances, as follows:

(1) Where the offending conduct disrupts or threatens to disrupt proceedings actually in progress; or

(2) where the offending conduct destroys or undermines or tends seriously to destroy or undermine the dignity and authority of the court in a manner and to the extent that it appears unlikely that the court will be able to continue to conduct its normal business in an appropriate way, provided that in either case the court reasonably believes that a prompt summary adjudication of contempt may aid in maintaining or restoring and maintaining proper order and decorum.

(b) Wherever practical, punishment should be determined and imposed at the time of the adjudication of contempt. However, where the court deems it advisable the determination and imposition of punishment may be deferred following a prompt summary adjudication of contempt which satisfies the necessity for immediate judicial corrective or disciplinary action.

(c) Before any summary adjudication of contempt the accused shall be given a reasonable opportunity to make a statement in his defense or in extenuation of his conduct.

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