§ Rule 90. Contempts

Codes > Alaska Rules of Civil Procedure > Part XII > Rule 90.

Rule 90. Contempts

(a) Contempt in Presence of Court. A contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the judge and entered of record.

(b) Other Contempts--Proceedings--Parties. For every contempt other than that specified in subdivision (a) of this rule, upon a proper showing on ex parte motion supported by affidavits, the court shall either order the accused party to show cause at some reasonable time, to be therein specified, why the accused party should not be punished for the alleged contempt, or shall issue a bench warrant for the arrest of such party. Such proceeding may be commenced and prosecuted in the same action or in an independent proceeding either by the state, or by the aggrieved party whose right or remedy in an action has been defeated or prejudiced or who has suffered a loss or injury by the act constituting a contempt.

(c) Party in Custody. If the party charged with contempt is imprisoned or otherwise in custody under any judicial order or process, the court may require such party to be brought before it, and may make such provision as is appropriate for the disposition and custody of the party.

(d) Bond for Appearance. The court may permit the giving of a bond in lieu of arrest. In such case the court shall state in the bench warrant the amount of the bond and the time when the party charged with contempt must appear before the court. Such party shall be discharged from arrest upon delivering to the officer serving the warrant a bond in the amount stated in the warrant, executed by sufficient surety, and conditioned upon such party appearing before the court at the time stated and abiding the orders of the court. The amount recovered in a proceeding to enforce liability on the bond shall be applied first as compensation to the aggrieved party for damages resulting from the act constituting the contempt, with costs of the proceeding, and the residue, if any, shall become the property of the state and be deposited with the court.

(e) Return. Proof of service of an order to show cause or execution of a bench warrant shall be governed by Rule 4(f). Any bond delivered to an officer making service shall be filed by the officer with the court.

(f) Hearing and Determination. When the defendant has been brought before the court or has appeared, the court or judicial officer shall proceed to investigate the charge by examining the defendant and witnesses for or against the defendant. Upon the evidence so taken, the court or judicial officer shall determine the defendant's guilt or innocence of the contempt charged.