§ 25-2121.Conduct constituting contempt; powers of court of record to punish.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-2121
Source
R.S.1867, Code § 669, p. 512; R.S.1913, § 8236; C.S.1922, § 9189; C.S.1929, § 20-2121; R.S.1943, § 25-2121.
Plain-English Summary
Section 25-2121 is the source of a Nebraska court of record’s contempt power. It treats contempt as a matter the court can punish as for a criminal offense, by fine, by imprisonment, or by both, rather than leaving disruptive or defiant conduct to some other remedy.
The section lists the conduct that qualifies. It covers disorderly, contemptuous, or insolent behavior directed at the court or its officers in the court’s presence; any breach of the peace, noise, or disturbance that interrupts the court’s proceedings; willful disobedience of or resistance to the court’s lawful process or orders; any willful attempt to obstruct proceedings or hinder the administration of justice in a pending matter; and a witness’s contumacious refusal to be sworn or affirmed, or, once sworn or affirmed, refusal to answer a legal and proper question.
Together, these categories give a court the tools to keep order in the courtroom, enforce its own lawful directives, and compel witnesses to answer truthfully, all under a single contempt power rather than a patchwork of separate remedies.
Frequently Asked Questions
What courts have this contempt power?
Every court of record in Nebraska.
What behavior counts as contempt under this section?
Five categories: disorderly or insolent behavior toward the court in its presence, disturbances that interrupt proceedings, willful disobedience of court orders or process, willful obstruction of proceedings or the administration of justice, and a contumacious refusal by a witness to be sworn or to answer.
Can a witness be held in contempt for refusing to answer questions?
Yes, if the refusal is contumacious and the question is legal and proper, after the witness has been sworn or affirmed.
What punishments can a court impose for contempt under this section?
Fine, imprisonment, or both, treated as punishment for criminal contempt.
Does the contempt have to happen inside the courtroom itself?
Not always. Some listed conduct, such as willful disobedience of a court order or obstructing pending proceedings, can occur outside the court’s physical presence.
Is contempt under this section the same as an ordinary crime?
It is punished as for criminal contempt, a distinct category the court itself enforces, separate from indictment for a crime.