Effective - 28 Aug 1939
476.110. Acts constituting contempt of court. — Every court of record shall have power to punish as for criminal contempt persons guilty of:
(1) Disorderly, contemptuous or insolent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceeding or to impair the respect due to its authority;
(2) Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;
(3) Willful disobedience of any process or order lawfully issued or made by it;
(4) Resistance willfully offered by any person to the lawful order or process of the court;
(5) The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory.
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(RSMo 1939 § 2028)
Prior revisions: 1929 § 1864; 1919 § 2359; 1909 § 3881
(1951) The procuring of false testimony and presentation of same in trial in court impedes and obstructs justice and constitutes contempt. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1951) Practice known as "purgation by oath" under which contemnor was entitled to release upon denial of charges under oath, has never been the law in Missouri. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1951) Contempt complaint, filed by prosecuting attorney, and signed by reputable attorneys as amici curiae, need not be verified. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1953) Prosecution for criminal contempt held barred after one year under § 541.210. Ponick v. Purdome (A.), 254 S.W.2d 673.
(1954) Prosecution for criminal contempt based on subornation of prejury is not a criminal case and is not barred by the one year statute of limitations. (Quashing writs of Court of Appeals in Ponick v. Owsley, 254 S.W.2d 673, and Osborne v. Owsley, 254 S.W.2d 676.) Osborne v. Owsley, 364 Mo. 544, 264 S.W.2d 332.
(1954) Where magistrate orally ordered sheriff to produce prisoner held without warrant and sheriff refused, magistrate court had jurisdiction to cite sheriff for contempt. State ex rel. Cunningham v. Leavitt (A.), 271 S.W.2d 63.
(1955) Where circuit judge cited judges of county court and then committed them for contempt for failure to order payment of salary of deputy circuit clerk as authorized by such circuit judge, he was not so entirely without jurisdiction as to be civilly liable for damages to the county judges. Pogue v. Swink, 365 Mo. 503, 284 S.W.2d 868.
(1976) Proceedings to cite defendant for contempt for failure to pay court ordered support and maintenance held to be civil contempt proceedings. Teefey v. Teefey (Mo.), 533 S.W.2d 563.
Structure Missouri Revised Statutes
Chapter 476 - Courts — General Provisions
Section 476.001 - Purpose of law.
Section 476.010 - Courts of record.
Section 476.015 - Short title.
Section 476.020 - Courts to keep a seal.
Section 476.030 - Private seal used, when.
Section 476.050 - Records to be kept in English language.
Section 476.056 - Municipal court automation, duties of municipality.
Section 476.057 - Judicial personnel training fund, judicial personnel defined.
Section 476.058 - Court personnel defined — state court administration revolving fund created.
Section 476.060 - Interpreters appointed, when.
Section 476.062 - Court marshals' arrest powers — may carry firearms, when.
Section 476.070 - Power of courts to issue writs.
Section 476.080 - Court or clerk may appoint person to execute process, when.
Section 476.090 - Courts may enforce return of process.
Section 476.100 - No process abated by failure of court to sit.
Section 476.110 - Acts constituting contempt of court.
Section 476.120 - Punishment for contempt.
Section 476.130 - May be punished summarily, when.
Section 476.140 - Commitment for contempt to set forth particulars.
Section 476.150 - Contempt not to be used to enforce civil rights.
Section 476.160 - Parties may be indicted, when.
Section 476.170 - Sittings to be public.
Section 476.180 - Judge interested, not to sit.
Section 476.220 - Judge may call special term for disposition of cause pending.
Section 476.240 - May try civil cases at such special terms.
Section 476.250 - No court to sit on Sunday.
Section 476.260 - Court to audit accounts.
Section 476.265 - Judicial department, budget, procedure for formulation.
Section 476.270 - Expenditures of court to be paid out of county treasury — exceptions.
Section 476.280 - Oath of judges.
Section 476.290 - Judges not to practice law — exception, municipal judges.
Section 476.310 - No judge or clerk to have partner — exception.
Section 476.320 - Judicial conference of the state of Missouri established, members.
Section 476.330 - Conference shall meet, when.
Section 476.340 - Executive council shall be governing body, how formed — members.
Section 476.350 - Duties of judicial conference, executive council and circuit judges.
Section 476.360 - Clerks of various courts shall make reports to executive council.
Section 476.370 - Conference or council empowered to hold hearings.
Section 476.380 - Expense allowance for conference attendance.
Section 476.406 - Employees of twenty-second judicial circuit may work forty-hour week.
Section 476.410 - Transfer of case filed in wrong jurisdiction.
Section 476.419 - Securities, multiple recipients, requirements and limitations on court to divide.
Section 476.450 - Judges may become special commissioners, when — salary or retirement compensation.
Section 476.451 - Definitions.
Section 476.452 - Beneficiaries of special commissioners, benefits, how paid.
Section 476.453 - Judges of six years' service prior to law, eligible.
Section 476.455 - All judges under nonpartisan plan eligible for retirement.
Section 476.460 - Special commissioner subject to temporary duty.
Section 476.470 - Judge not eligible for retirement, when.
Section 476.490 - Expenses of special commissioner.
Section 476.500 - Acceptance by judge — procedure.
Section 476.510 - Practice of law permitted, when, requirements, exceptions.
Section 476.517 - One-time retirement plan election for certain judges.
Section 476.520 - Eligibility requirements.
Section 476.529 - New judges, election for reduced annuity, options.
Section 476.530 - Retirement compensation, how computed.
Section 476.535 - Survivor's benefits, how paid.
Section 476.540 - Refund of contributions, when — reentry into system, how.
Section 476.545 - Early retirement, reduced benefit, how computed.
Section 476.550 - Not eligible for benefits while retired under other plan.
Section 476.555 - Lump sum payments, when.
Section 476.560 - Disqualification by improper behavior.
Section 476.565 - Retiree may practice law, when, requirements, exceptions.
Section 476.575 - Definitions.
Section 476.580 - Retirement benefits, who administers, how paid.
Section 476.585 - No payroll deductions, when — accumulated contributions refunded, when, to whom.
Section 476.590 - Life insurance benefits to be provided judges, retired judges and dependents.
Section 476.601 - Special consultants, duties, compensation.
Section 476.680 - Votes, how counted and canvassed — governor to proclaim results (Clay County).
Section 476.687 - Previous state employment, additional credited service.
Section 476.688 - Compensation to be treated as other benefits.
Section 476.750 - Definitions.
Section 476.756 - Determination of qualification of interpreter.
Section 476.766 - Americans with disabilities act, requirements not to exceed.
Section 476.800 - Definitions.
Section 476.803 - Appointment of interpreters and translators, when — waiver, when — oath required.