Section 756. Application to punish for contempt; procedure  


Latest version.
  • An application
      to punish for a contempt punishable civilly may be commenced  by  notice
      of  motion returnable before the court or judge authorized to punish for
      the offense, or by an order of such court or judge requiring the accused
      to show cause before it, or him, at a time and place therein  specified,
      why  the  accused  should  not  be punished for the alleged offense. The
      application shall be noticed, heard and determined  in  accordance  with
      the  procedure  for  a  motion  on  notice  in  an action in such court,
      provided, however, that, except as provided in section fifty-two hundred
      fifty of the civil practice law and rules or unless otherwise ordered by
      the court, the moving papers shall be served no less  than  ten  and  no
      more  than  thirty  days  before  the  time  at which the application is
      noticed to be heard. The application shall contain on its face a  notice
      that  the purpose of the hearing is to punish the accused for a contempt
      of court, and that such punishment may consist of fine or  imprisonment,
      or  both, according to law together with the following legend printed or
      type written in a size equal to at least eight point bold type:
                                       WARNING:
                               YOUR FAILURE TO APPEAR
                               IN COURT MAY RESULT IN
                                YOUR IMMEDIATE ARREST
                                AND IMPRISONMENT FOR
                                 CONTEMPT OF COURT.