A person who has committed a direct contempt of court may be found guilty and punished therefor by the court forthwith, without any trial other than affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.
Art. 223.Same; Procedure For Punishing
Title I. Courts · Chapter 4. Power and Authority · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 223 lets a Louisiana court find a person guilty of direct contempt and punish that person immediately, without a trial, provided the person first gets an oral opportunity to explain or mitigate, and requires the court’s order to recite the facts of the contempt, the finding of guilt, and the punishment imposed.
Full Text of Art. 223
Plain-English Summary
Article 223 supplies the procedure for the direct contempt Article 222 defines. Because a direct contempt happens in the judge’s immediate presence, or is proven by an undisputed record of service, the judge does not need a separate trial to establish what happened — the judge already knows. Article 223 lets the court act on that knowledge forthwith, finding the person guilty and imposing punishment without further proceedings.
That speed comes with one built-in safeguard: the person must be given an opportunity to be heard orally, by way of defense or mitigation, before punishment is imposed. The judge is not required to hold a trial, but the judge cannot skip the chance for the accused to explain the conduct or offer reasons the punishment should be reduced.
The order itself has to do real work. Article 223 requires the court to recite the facts that constitute the contempt, adjudge the person guilty, and specify the punishment — not declare someone in contempt without saying why. That recitation matters on appellate review, since an appellate court checking whether the trial court acted within its discretion needs to see the factual basis the trial judge relied on.
Frequently Asked Questions
Does a person get a trial before being punished for direct contempt?
No separate trial is required. Article 223 lets the court act immediately, but the person must first get an oral opportunity to be heard in defense or mitigation.
What must the court’s contempt order contain?
Article 223 requires the order to recite the facts constituting the contempt, adjudge the person guilty, and specify the punishment imposed.
Can the judge punish direct contempt on the spot?
Yes. Because the judge has personal knowledge of a direct contempt, Article 223 allows the court to find guilt and impose punishment forthwith, once the accused has had a chance to be heard.
Is this the same procedure used for constructive contempt?
No. Constructive contempt follows a different, more formal procedure under Article 225, involving a rule to show cause and a hearing, because that conduct occurs outside the judge’s immediate presence.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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