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)  [*\[Rule 942 Subrule (2) substituted by S.R. 2011, No. 39, Applied:08 Jun 2011\]*](/view/html/inforce/2011-06-08/sr-2011-039#GS8@EN) If the application is made in relation to a pending proceeding, the application is to be made by interlocutory application. > > > (2A)  [*\[Rule 942 Subrule (2A) inserted by S.R. 2011, No. 39, Applied:08 Jun 2011\]*](/view/html/inforce/2011-06-08/sr-2011-039#GS8@EN) 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 > > > > > > > (c) if it imposes a fine, commit the respondent to be imprisoned, or further imprisoned, until the fine is paid; and > > > > > > > (d) make any order as to costs as is appropriate. > > > (10)  If the accused person is ordered to be committed to a prison, the order of committal is to specify which prison. > > > (11)  The Court may order the discharge of a respondent committed to prison, even though the time for which the respondent was ordered to be committed has not expired.