presence of the court

presence of the court
A phrase to be given a liberal interpretation as it appears in a statute defining contempt of court. The court consists not of the judge, the courtroom the jury, or the jury room individually, but all of these combined, so that the court is present wherever any of these constituent parts is engaged in the prosecution of the business of the court according to law. Anno: 42 ALR2d 970; 17 Am J2d Contpt § 7. A court in session is considered present where its officers jurors, and witnesses are required to be in the performance of their several duties, so that an assault, threat, or act of intimidation against such a person while attendant upon the court is a direct contempt. State v Goff, 28 SC 17, 88 SE2d 788, 52 ALR2d 1292. Since the grand jury is an arm of the United States District Court, proceedings before the grand jury are to be regarded as being proceedings in the court. Hence, contempts occurring in the presence of the grand jury are to be treated as taking place in the presence of the court and are therefore subject to be punished summarily by the court, without indictment. Camarota v United States (CA3 NJ) 111 F2d 243. -

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем решить контрольную работу

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