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§ 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

In one sentenceThis section gives every Nebraska court of record authority to punish, by fine or imprisonment or both, disorderly conduct toward the court, disruptions of its proceedings, willful defiance of its lawful orders, deliberate obstruction of justice, and a witness’s contumacious refusal to be sworn or to answer proper questions.

Full Text of § 25-2121

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Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal contempt, persons guilty of (1) disorderly, contemptuous, or insolent behavior towards the court, or any of its officers in its presence; (2) any breach of the peace, noise, or other disturbance tending to interrupt its proceedings; (3) willful disobedience of or resistance willfully offered to any lawful process or order of said court; (4) any willful attempt to obstruct the proceedings, or hinder the due administration of justice in any suit, proceedings, or process pending before the courts; or (5) contumacious and unlawful refusal to be sworn or affirmed as a witness, and when sworn or affirmed, refusal to answer any legal and proper interrogatory.

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.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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