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This entry was published on 2014-09-22
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SECTION 756
Application to punish for contempt; procedure
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 756. Application to punish for contempt; procedure. An application
to punish for a contempt punishable civilly may be commenced by notice
of motion returnable before the court or judge authorized to punish for
the offense, or by an order of such court or judge requiring the accused
to show cause before it, or him, at a time and place therein specified,
why the accused should not be punished for the alleged offense. The
application shall be noticed, heard and determined in accordance with
the procedure for a motion on notice in an action in such court,
provided, however, that, except as provided in section fifty-two hundred
fifty of the civil practice law and rules or unless otherwise ordered by
the court, the moving papers shall be served no less than ten and no
more than thirty days before the time at which the application is
noticed to be heard. The application shall contain on its face a notice
that the purpose of the hearing is to punish the accused for a contempt
of court, and that such punishment may consist of fine or imprisonment,
or both, according to law together with the following legend printed or
type written in a size equal to at least eight point bold type:

WARNING:

YOUR FAILURE TO APPEAR

IN COURT MAY RESULT IN

YOUR IMMEDIATE ARREST

AND IMPRISONMENT FOR

CONTEMPT OF COURT.