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N.Y. JUD Law § 753

This is the official text of N.Y. JUD Law § 753, part of New York’s JUD Law — part of the compiled statutory law of New York, published by the state as "JUD Law." Browse the sections below, each linked to its official government source.

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Power of courts to punish for civil contempts

Official statutory text

§ 753. Power of courts to punish for civil contempts.\n A. A court of record has power to punish, by fine and imprisonment, or\neither, a neglect or violation of duty, or other misconduct, by which a\nright or remedy of a party to a civil action or special proceeding,\npending in the court may be defeated, impaired, impeded, or prejudiced,\nin any of the following cases:\n 1. An attorney, counsellor, clerk, sheriff, coroner, or other person,\nin any manner duly selected or appointed to perform a judicial or\nministerial service, for a misbehavior in his office or trust, or for a\nwilful neglect or violation of duty therein; or for disobedience to a\nlawful mandate of the court, or of a judge thereof, or of an officer\nauthorized to perform the duties of such a judge.\n 2. A party to the action or special proceeding, for putting in\nfictitious bail or a fictitious surety, or for any deceit or abuse of a\nmandate or proceeding of the court.\n 3. A party to the action or special proceeding, an attorney,\ncounsellor, or other person, for the non-payment of a sum of money,\nordered or adjudged by the court to be paid, in a case where by law\nexecution can not be awarded for the collection of such sum except as\notherwise specifically provided by the civil practice law and rules; or\nfor any other disobedience to a lawful mandate of the court.\n 4. A person, for assuming to be an attorney or counsellor, or other\nofficer of the court, and acting as such without authority; for rescuing\nany property or person in the custody of an officer, by virtue of a\nmandate of the court; for unlawfully detaining, or fraudulently and\nwilfully preventing, or disabling from attending or testifying, a\nwitness, or a party to the action or special proceeding, while going to,\nremaining at, or returning from, the sitting where it is noticed for\ntrial or hearing; and for any other unlawful interference with the\nproceedings therein.\n 5. A person subpoenaed as a witness, for refusing or neglecting to\nobey the subpoena, or to attend, or to be sworn, or to answer as a\nwitness.\n 6. A person duly notified to attend as a juror, at a term of the\ncourt, for improperly conversing with a party to an action or special\nproceeding, to be tried at that term, or with any other person, in\nrelation to the merits of that action or special proceeding; or for\nreceiving a communication from any person, in relation to the merits of\nsuch an action or special proceeding, without immediately disclosing the\nsame to the court; or a person who attends and acts or attempts to act\nas a juror in the place and stead of a person who has been duly notified\nto attend.\n 7. An inferior magistrate, or a judge or other officer of an inferior\ncourt, for proceeding, contrary to law, in a cause or matter, which has\nbeen removed from his jurisdiction to the court inflicting the\npunishment; or for disobedience to a lawful order or other mandate of\nthe latter court.\n 8. In any other case, where an attachment or any other proceeding to\npunish for a contempt, has been usually adopted and practiced in a court\nof record, to enforce a civil remedy of a party to an action or special\nproceeding in that court, or to protect the right of a party.\n B. A court not of record has such power to punish for a civil contempt\nas is specifically granted to it by statute.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.