North Dakota Code 27-10-01.1 – Definitions
As used in this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 27-10-01.1
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
- Uphold: The decision of an appellate court not to reverse a lower court decision.
1. “Contempt of court” means:
a. Intentional misconduct in the presence of the court which interferes with the court proceeding or with the administration of justice, or which impairs the respect due the court; b. Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum; c. Intentional disobedience, resistance, or obstruction of the authority, process, or order of a court or other officer, including a referee or magistrate; d. Intentional refusal of a witness to appear for examination, to be sworn or to affirm, or to testify after being ordered to do so by the court; e. Intentional refusal to produce a record, document, or other object after being ordered to do so by the court; f. Intentional behavior in derogation of any provision of a summons issued pursuant to rule 8.4 of the North Dakota Rules of Court; or
g. Any other act or omission specified in the court rules or by law as a ground for contempt of court.
2. “Court” means a court of record of this state.
3. “Punitive sanction” includes a sanction of imprisonment if the sentence is for a definite period of time. A sanction requiring payment of a sum of money is punitive if the sanction is not conditioned upon performance or nonperformance of an act, and if the sanction’s purpose is to uphold the authority of the court.
4. “Remedial sanction” includes a sanction that is conditioned upon performance or nonperformance of an act required by court order. A sanction requiring payment of a sum of money is remedial if the sanction is imposed to compensate a party or complainant, other than the court, for loss or injury suffered as a result of the contempt.