Contempts committed in the presence of the court may be punished summarily; in other cases the party upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.
§ 25-2122.Punishment; procedure.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen contempt happens in the court’s presence, the judge may punish it on the spot; for contempt outside the court’s presence, the accused must first be notified of the charge and given a reasonable time to prepare a defense.
Full Text of § 25-2122
Source
R.S.1867, Code § 670, p. 512; R.S.1913, § 8237; C.S.1922, § 9190; C.S.1929, § 20-2122; R.S.1943, § 25-2122.
Plain-English Summary
Section 25-2122 splits contempt procedure into two tracks. Contempt committed in the court’s presence can be punished summarily, without the extended process that would ordinarily precede a fine or imprisonment. The court has already witnessed the conduct, so no separate proof or hearing is required before acting.
Contempt committed outside the court’s presence follows a different path. The accused must be brought before the court, told what the accusation is, and given a reasonable time to prepare and present a defense before any punishment follows. This distinction lines up with the categories listed in section 25-2121: behavior directed at the court in open session fits the summary track, while conduct like disobeying an order away from the courtroom fits the notice-and-defense track.
Frequently Asked Questions
What is the difference between contempt “in the presence of the court” and other contempt?
Contempt in the court’s presence may be punished summarily; contempt outside the court’s presence requires notifying the accused of the charge and allowing a reasonable time to prepare a defense.
Can a judge punish contempt without any hearing at all?
Only when the contempt occurred in the court’s presence. Contempt occurring elsewhere requires bringing the accused before the court and giving notice of the accusation.
What notice does someone accused of contempt outside the court’s presence receive?
Notice of the accusation against them, along with a reasonable time to prepare their defense.
Does the accused get a chance to explain before being punished for out-of-court contempt?
Yes. The section requires a reasonable time to make a defense before punishment in those cases.
Why does the law treat these two situations differently?
Because the court has direct, firsthand knowledge of contempt committed in its presence, while contempt occurring elsewhere calls for notice and an opportunity to respond before punishment.
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
Also known as: summary contempt punishment nebraskanotice of contempt chargedirect vs indirect contemptcontempt hearing procedure nebraskareasonable time to defend contempt