Montana Code 3-10-401. Contempts for which justice of the peace may punish
3-10-401. Contempts for which justice of the peace may punish. A justice of the peace may punish for contempt persons guilty of only the following acts:
Terms Used In Montana Code 3-10-401
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(2)a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by the justice tending to interrupt the due course of a trial or other judicial proceeding;
(3)disobedience or resistance to the execution of a lawful order or process made or issued by the justice;
(4)disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;
(5)rescuing any person or property in the custody of an officer by virtue of an order or process of the court.