Scope; definitions

(a) SCOPE. Rule 33 shall not apply to either civil or criminal contempt proceedings arising out of civil actions. (b) DEFINITIONS. (1) “Direct Contempt” means disorderly or insolent behavior or other misconduct committed in open court, in the presence of the judge, that disturbs the court’s business, where all of the essential elements of the misconduct occur in the presence of the court and are actually observed by the court, and where immediate action is essential to prevent diminution of the court’s dignity and authority before the public. (2) “Constructive Contempt” means any criminal or civil contempt other than a direct contempt. (3) “Criminal Contempt” means either: (a) Misconduct of any person that obstructs the administration of justice and that is committed either in the court’s presence or so near thereto as to interrupt, disturb, or hinder its proceedings, or (b) Willful disobedience or resistance of any person to a court’s lawful writ, subpoena, process, order, rule, or command, where the dominant purpose of the contempt proceeding is to punish the contemnor. (4) “Civil Contempt” means willful, continuing failure or refusal of any person to comply with a court’s lawful writ, subpoena, process, order, rule, or command, that by its nature is still capable of being complied with. [Amended eff. 7-1-94.] Committee Comments As Amended Effective July 1, 1994 The distinction between direct and constructive contempt is drawn as a basis for procedural differences in applying a remedy. In those limited cases where the contempt is within the judge’s actual sight and hearing so that further or extrinsic evidence is not needed to show the judge what in fact occurred, the judge may dispose of the matter summarily under Rule 33.2. In all other instances the procedure is different. (See Rule 33.3.)