Except as provided by law or Rule 33.2, the court may not find a person in criminal contempt without notifying the person of the charge and holding a hearing. The court must set the hearing on a date that will allow the person reasonable time to prepare a defense. The notice of hearing must state the hearing’s time and place, and the essential facts constituting the charged contempt. A court may give the notice orally in open court in the presence of the person charged or by an order to show cause. The person charged with contempt has the right to subpoena witnesses for the hearing, and to release under Rule 7 pending the hearing.
Ariz. R. Crim. P. 35.3
COMMENT
Rule 33.3 does not apply to the class of indirect contempts covered by A.R.S. ยงยง 12-861 to -863, which must be prosecuted according to the terms of those statutes. SeeState v. Cohen, 15 Ariz. App. 436, 439, 489 P.2d 283, 286 (1971) (discussing statutory requirements).
HISTORICAL AND STATUTORY NOTES
Former Rule 33.3, relating to disposition of other contempts, notice, and hearing, was abrogated effective January 1, 2018.