State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 756

§  756.  Application to punish for contempt; procedure. 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.

State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 756

§  756.  Application to punish for contempt; procedure. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 756

§  756.  Application to punish for contempt; procedure. 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.