N.Y. Comp. Codes R. & Regs. tit. 22 § 701.4

Current through Register Vol. 46, No. 51, December 18, 2024
Section 701.4 - Judicial warning of possible contempt

Except in the case of the most flagrant and offensive misbehavior which in the court's discretion requires an immediate adjudication of contempt to preserve order and decorum, the court should warn and admonish the person engaged in alleged contumacious conduct that his conduct is deemed contumacious and give him an opportunity to desist before adjudicating him in contempt. Where a person so warned desists from further offensive conduct, there is ordinarily no occasion for an adjudication of contempt. Where a person is summarily adjudicated in contempt and punishment deferred, if such person desists from further offensive conduct the court should consider carefully whether there is any need for punishment for the adjudicated contempt.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 701.4