Civpro2 Finals

Acts Punishable for Indirect Contempt

1. Misbehavior of an officer of a court in performance of their official duties or in their official transactions;

2. Disobedience or resistance to a lawful writ, process, order, or judgment of a court;

3. Any abuse or any unlawful interference with processes or proceedings of a court not constituting direct contempt;

4. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade administration of justice;

5. Assuming to an an attorney or an officer of the court, and acting as such without authority;

6. Failure to obey subpoena duly served; and,

7. The rescue, or attempted rescue of a person or property in custody of an officer by virtue of an order or process of a court held by him or her.

Direct Contempt

A person may be summarily adjudged for direct contempt if they are guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt proceedings therein, including:

1. Disrespect toward the court;

2. offensive personalities towards others;

3. refusal to be sworn or to answer as a witness; or

4. to subscribe an affidavit or deposition when lawfully required to do so.

Requirement for filing unlawful detainer

1. initial possession by defendant was lawful;

2. possession eventually became unlawful upon notice by plaintiff to defendant of termination of defendant’s right to possession;

3. defendant remained in possession or property and deprived plaintiff of enjoyment of property;

4. action for ejectment issued within one year from last demand on defendant to vacate

Requirements for filing Forcible Entry

1. Plaintiff had prior physical possession of the property;

2. defendant deprived him of such possession by FISTS; and,

3. the action is filed within one year from dispossession.