942Other procedure for contempt

942 Other procedure for contempt

(1)  An application for punishment for contempt of court, other than contempt in the face of the Court, is to be –

(a) on notice to the respondent; and

(b) specify the nature of the alleged contempt.

(2)  [Rule 942 Subrule (2) substituted by S.R. 2011, No. 39, Applied:08 Jun 2011] If the application is made in relation to a pending proceeding, the application is to be made by interlocutory application.

(2A)  [Rule 942 Subrule (2A) inserted by S.R. 2011, No. 39, Applied:08 Jun 2011] If the application is not made in relation to a pending proceeding, the application is to be made by originating application.

(3)  Unless the Court or a judge otherwise orders, the application is to be served personally on the respondent.

(4)  If an application has been filed and it appears to a judge that the respondent is likely to abscond, the judge, by warrant directed to the Sheriff, may direct that the respondent be arrested and brought before the Court or a judge.

(5)  A respondent brought before the Court or a judge under a warrant is to be detained in custody until the charge is disposed of, unless the Court or a judge grants bail.

(6)  On the hearing of the application, the Court may order the respondent to answer on oath within 4 days interrogatories relating to the alleged contempt.

(7)  The respondent, unless otherwise ordered, is to answer the interrogatories by affidavit.

(8)  If the respondent is ordered to answer interrogatories, the hearing of the application is to be adjourned for a sufficient time to allow the answers to be made and filed.

(9)  On the hearing of the application, the Court may –

(a) commit the respondent to prison for a fixed term or until the occurrence of some event; and

(b) impose a fine, either instead of or in addition to ordering committal; and