Section 753. Power of courts to punish for civil contempts  


Latest version.
  • A. A court of record has power to punish, by fine and imprisonment, or
      either,  a neglect or violation of duty, or other misconduct, by which a
      right or remedy of a party to a  civil  action  or  special  proceeding,
      pending  in the court may be defeated, impaired, impeded, or prejudiced,
      in any of the following cases:
        1. An attorney, counsellor, clerk, sheriff, coroner, or other  person,
      in  any  manner  duly  selected  or  appointed  to perform a judicial or
      ministerial service, for a misbehavior in his office or trust, or for  a
      wilful  neglect  or  violation of duty therein; or for disobedience to a
      lawful mandate of the court, or of a judge thereof,  or  of  an  officer
      authorized to perform the duties of such a judge.
        2.  A  party  to  the  action  or  special  proceeding, for putting in
      fictitious bail or a fictitious surety, or for any deceit or abuse of  a
      mandate or proceeding of the court.
        3.  A  party  to  the  action  or  special  proceeding,  an  attorney,
      counsellor, or other person, for the non-payment  of  a  sum  of  money,
      ordered  or  adjudged  by  the  court to be paid, in a case where by law
      execution can not be awarded for the collection of such  sum  except  as
      otherwise  specifically provided by the civil practice law and rules; or
      for any other disobedience to a lawful mandate of the court.
        4. A person, for assuming to be an attorney or  counsellor,  or  other
      officer of the court, and acting as such without authority; for rescuing
      any  property  or  person  in  the custody of an officer, by virtue of a
      mandate of the court; for  unlawfully  detaining,  or  fraudulently  and
      wilfully  preventing,  or  disabling  from  attending  or  testifying, a
      witness, or a party to the action or special proceeding, while going to,
      remaining at, or returning from, the sitting where  it  is  noticed  for
      trial  or  hearing;  and  for  any  other unlawful interference with the
      proceedings therein.
        5. A person subpoenaed as a witness, for  refusing  or  neglecting  to
      obey  the  subpoena,  or  to  attend,  or to be sworn, or to answer as a
      witness.
        6. A person duly notified to attend as a  juror,  at  a  term  of  the
      court,  for  improperly  conversing with a party to an action or special
      proceeding, to be tried at that term,  or  with  any  other  person,  in
      relation  to  the  merits  of  that action or special proceeding; or for
      receiving a communication from any person, in relation to the merits  of
      such an action or special proceeding, without immediately disclosing the
      same  to  the court; or a person who attends and acts or attempts to act
      as a juror in the place and stead of a person who has been duly notified
      to attend.
        7. An inferior magistrate, or a judge or other officer of an  inferior
      court,  for proceeding, contrary to law, in a cause or matter, which has
      been  removed  from  his  jurisdiction  to  the  court  inflicting   the
      punishment;  or  for  disobedience to a lawful order or other mandate of
      the latter court.
        8. In any other case, where an attachment or any other  proceeding  to
      punish for a contempt, has been usually adopted and practiced in a court
      of  record, to enforce a civil remedy of a party to an action or special
      proceeding in that court, or to protect the right of a party.
        B. A court not of record has such power to punish for a civil contempt
      as is specifically granted to it by statute.