§ 753 — Power of courts to punish for civil contempts

New York § 753

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 19: Contempts

Text

§ 753. Power of courts to punish for civil contempts.\n A. A court of record has power to punish, by fine and imprisonment, or\neither, a neglect or violation of duty, or other misconduct, by which a\nright or remedy of a party to a civil action or special proceeding,\npending in the court may be defeated, impaired, impeded, or prejudiced,\nin any of the following cases:\n 1. An attorney, counsellor, clerk, sheriff, coroner, or other person,\nin any manner duly selected or appointed to perform a judicial or\nministerial service, for a misbehavior in his office or trust, or for a\nwilful neglect or violation of duty therein; or for disobedience to a\nlawful mandate of the court, or of a judge thereof, or of an officer\nauthorized to perform the duties of such a judge.\n 2. A party to the action or special proceeding, for putting in\nfictitious bail or a fictitious surety, or for any deceit or abuse of a\nmandate or proceeding of the court.\n 3. A party to the action or special proceeding, an attorney,\ncounsellor, or other person, for the non-payment of a sum of money,\nordered or adjudged by the court to be paid, in a case where by law\nexecution can not be awarded for the collection of such sum except as\notherwise specifically provided by the civil practice law and rules; or\nfor any other disobedience to a lawful mandate of the court.\n 4. A person, for assuming to be an attorney or counsellor, or other\nofficer of the court, and acting as such without authority; for rescuing\nany property or person in the custody of an officer, by virtue of a\nmandate of the court; for unlawfully detaining, or fraudulently and\nwilfully preventing, or disabling from attending or testifying, a\nwitness, or a party to the action or special proceeding, while going to,\nremaining at, or returning from, the sitting where it is noticed for\ntrial or hearing; and for any other unlawful interference with the\nproceedings therein.\n 5. A person subpoenaed as a witness, for refusing or neglecting to\nobey the subpoena, or to attend, or to be sworn, or to answer as a\nwitness.\n 6. A person duly notified to attend as a juror, at a term of the\ncourt, for improperly conversing with a party to an action or special\nproceeding, to be tried at that term, or with any other person, in\nrelation to the merits of that action or special proceeding; or for\nreceiving a communication from any person, in relation to the merits of\nsuch an action or special proceeding, without immediately disclosing the\nsame to the court; or a person who attends and acts or attempts to act\nas a juror in the place and stead of a person who has been duly notified\nto attend.\n 7. An inferior magistrate, or a judge or other officer of an inferior\ncourt, for proceeding, contrary to law, in a cause or matter, which has\nbeen removed from his jurisdiction to the court inflicting the\npunishment; or for disobedience to a lawful order or other mandate of\nthe latter court.\n 8. In any other case, where an attachment or any other proceeding to\npunish for a contempt, has been usually adopted and practiced in a court\nof record, to enforce a civil remedy of a party to an action or special\nproceeding in that court, or to protect the right of a party.\n B. A court not of record has such power to punish for a civil contempt\nas is specifically granted to it by statute.\n