TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 6

CONTEMPTS

7-610.  Judgment — Penalty. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thousand dollars ($5,000), or he may be imprisoned not exceeding five (5) days, or both; provided that a person who is guilty of contempt for neglecting to attend or serve as a juror when summoned to do so, or for failing to appear as a prospective juror when summoned by the jury commission under section 2-208(4), Idaho Code, shall be fined in an amount not exceeding five hundred dollars ($500), or may be imprisoned not exceeding five (5) days, or both; and except that if the contempt of which the defendant be adjudged guilty be a disobedience of a judgment or order for the support of minor children, he may be imprisoned not exceeding thirty (30) days in addition to such fine, under this section, as the court may impose. Additionally, the court in its discretion, may award attorney’s fees and costs to the prevailing party.

History:

[(7-610) C.C.P. 1881, sec. 839; R.S., R.C., & C.L., sec. 5164; C.S., sec. 7392; I.C.A., sec. 13-610; am. 1967, ch. 132, sec. 2, p. 302; am. 1997, ch. 200, sec. 1, p. 576; am. 2013, ch. 207, sec. 2, p. 496.]