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"On application to the supreme court"

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messmeriza

Junior Member
If a person named in and served with a summons under subsection (1) does not comply with the summons, the person is liable, on application to the Supreme Court, to be committed for contempt as if in breach of a judgment or an order of the Supreme Court.

Can someone please interpret this for me please?

"On application to the supreme court" so does this mean that if the person does not comply with the summons, that an application will still have to be made to the supreme court in order to find them in contempt?

If that is true, can the person still defend that application in supreme court?

Who issues the contempt charge and determines the fine?

Thanks!What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
"On application to the supreme court" so does this mean that if the person does not comply with the summons, that an application will still have to be made to the supreme court in order to find them in contempt?
Probably but with the extremely limited information you have provided, it is just a guess.

If that is true, can the person still defend that application in supreme court?
you can generally defend a contempt of court charge if that is your question.

Who issues the contempt charge and determines the fine?
"Issues" the charge? Depending on the situation, a judge can charge a person with contempt on their own or a party to whatever legal action you are dealing with can seek to have another party held in contempt. The judge then decides if there will be a charge of contempt and a ruling as well.

the judge would determine the punishment.
 

BOR

Senior Member
I assume by Supreme Court, you are talking about New York, as thier state courts are SC's, NOT the High court.
 

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