When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time if necessary.
§ 1217.Investigation of Charge and Hearing On Answer
Title 5. Of Contempts · Last amended 1951 · Last verified July 29, 2026
In one sentenceSection 1217 directs the court or judge, once the arrested person appears, to investigate the contempt charge, hear any answer the person offers, examine witnesses on both sides, and adjourn the proceeding as many times as necessary to complete that inquiry.
Full Text of § 1217
Plain-English Summary
Once the person accused of contempt has been brought in or has appeared, § 1217 lays out what the hearing itself looks like. The court or judge investigates the charge, listens to whatever answer the accused person offers, and can examine witnesses for either side.
Nothing here forces the hearing into a single sitting. The statute allows adjournments from time to time as needed, giving the court room to take testimony, consider evidence, or let the parties gather what they need before the court decides guilt under § 1218.
Frequently Asked Questions
Does the accused get to present a defense at a contempt hearing?
Yes. Section 1217 requires the court to hear any answer the accused person makes and to allow examination of witnesses for or against them.
Can the contempt hearing be continued to a later date?
Yes, § 1217 allows adjournments from time to time as necessary before the court reaches its decision.
Amendment History
Amended by Stats. 1951, Ch. 1737.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: contempt hearing procedure californiainvestigation of contempt charge california