(a) Contempt in Presence of Court. A contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the judge and entered of record.
Rule 90.Contempts.
Last amended January 1, 2019 · Last verified July 6, 2026
In one sentenceRule 90 covers contempt of court — summary punishment for contempt the judge personally sees or hears, and the show-cause or bench-warrant procedure for every other kind, including bond, service, and hearing requirements.
Full Text of Rule 90
(b) Other Contempts—Proceedings—Parties. For every contempt other than that specified in subdivision (a) of this rule, upon a proper showing on ex parte motion supported by affidavits, the court shall either order the accused party to show cause at some reasonable time, to be therein specified, why the accused party should not be punished for the alleged contempt, or shall issue a bench warrant for the arrest of such party. Such proceeding may be commenced and prosecuted in the same action or in an independent proceeding either by the state, or by the aggrieved party whose right or remedy in an action has been defeated or prejudiced or who has suffered a loss or injury by the act constituting a contempt.
(c) Party in Custody. If the party charged with contempt is imprisoned or otherwise in custody under any judicial order or process, the court may require such party to be brought before it, and may make such provision as is appropriate for the disposition and custody of the party.
(d) Bond for Appearance. The court may permit the giving of a bond in lieu of arrest. In such case the court shall state in the bench warrant the amount of the bond and the time when the party charged with contempt must appear before the court. Such party shall be discharged from arrest upon delivering to the officer serving the warrant a bond in the amount stated in the warrant, executed by sufficient surety, and conditioned upon such party appearing before the court at the time stated and abiding the orders of the court. The amount recovered in a proceeding to enforce liability on the bond shall be applied first as compensation to the aggrieved party for damages resulting from the act constituting the contempt, with costs of the proceeding, and the residue, if any, shall become the property of the state and be deposited with the court.
(f) Hearing and Determination. When the defendant has been brought before the court or has appeared, the court or judicial officer shall proceed to investigate the charge by examining the defendant and witnesses for or against the defendant. Upon the evidence so taken, the court or judicial officer shall determine the defendant’s guilt or innocence of the contempt charged.
Amendment History
(Amended by SCO 49 effective January 1, 1963; amended by SCO 1153 effective July 15, 1994; and by SCO 1939 effective January 1, 2019)
Notes
Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive changes to securities laws. According to section 30(c) of the Act, AS 45.56.650(g), enacted by section 25 of the Act, have the effect of changing Civil Rule 90, effective January 1, 2019, by changing the contempt procedure in certain cases.
Plain-English Summary
A contempt committed in the judge's actual presence can be punished summarily, but only if the judge certifies personally seeing or hearing the conduct, and the resulting order must recite the facts, be signed by the judge, and be entered of record. Every other kind of contempt requires a proper ex parte showing by affidavit, after which the court either orders the accused to show cause at a specified time why they shouldn't be punished, or issues a bench warrant for arrest; this proceeding can be brought within the original action or as its own independent proceeding, by the state or by the party whose rights were harmed by the contemptuous act. If the accused is already imprisoned or in custody, the court can have that person brought before it and make appropriate arrangements for custody.
The court can allow a bond in place of arrest, stating the bond amount and the appearance date in the bench warrant itself; posting a sufficient bond discharges the person from arrest, and any amount recovered later on the bond first compensates the aggrieved party for damages, with the remainder going to the state. Service of an order to show cause or execution of a bench warrant follows Rule 4's return-of-service requirements, and any bond given to the serving officer must be filed with the court. Once the accused appears, the court investigates the charge by examining the accused and any witnesses, and then determines guilt or innocence based on that evidence.
Frequently Asked Questions
Can a judge punish contempt on the spot, without a hearing?
Only for contempt the judge personally saw or heard happen in the courtroom, and only if the judge certifies that fact and signs a written order reciting what happened.
Who can bring a contempt proceeding for something that didn't happen in front of the judge?
Either the state or the party whose rights or remedy were harmed by the contemptuous act, through an ex parte motion supported by affidavits, leading to a show-cause order or a bench warrant.
Can someone accused of contempt avoid arrest?
Yes — the court can allow a bond in lieu of arrest, stating the bond amount and the required appearance date in the bench warrant.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 90). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: contempt of court Alaska ruleshow cause order Alaska civil caseAlaska R. Civ. P. 90