| 2019-0100 |
N.H. |
2019-12-19 |
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James Faro & a. v. Land's End Association
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… ing their motion for contempt against the defendant, Land’s End Association. “A civil contempt action arises from a private wrong in which the defendant causes harm to the plaintiff by . . . fail[ing] to comply with a court order.” Duval v. …
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| 2019-0191 |
N.H. |
2019-10-10 |
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Alan Armstrong & a. v. Maria Giakoumakis & a.
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… ble to the prejudice of their case. Id. at 252. The trial court’s discretion in civil contempt proceedings extends to the fashioning of a remedy that is remedial, coercive, and for the benefit of the complaining party. See In the Matter of …
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| 2018-0130 |
N.H. |
2019-07-09 |
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State v. David Vincelette
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… presided over the criminal contempt trial but did not preside over the previous civil contempt proceedings. The pertinent facts are as follows. The Town-owned nature preserve is accessed by a deeded right of way that crosses land whe …
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| 2017-0409 |
N.H. |
2018-06-05 |
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State v. David Burris
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… of the courts to compel testimony, after a grant of immunity, by use of civil contempt and coerced imprisonment. Also, given adequate immunity, the State may plainly insist that employees either answer questions under …
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| 2017-0434 |
N.H. |
2018-03-29 |
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State v. Lorraine P. Lanciaux
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… tter of Brownell & Brownell, 163 N.H. 593, 601 (2012) (describing trial court’s civil contempt power). Once the defendant’s competence was questioned, the trial court was required to hold a hearing, see Bertrand, 123 N.H. at 728, determine …
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| 2015-0037 |
N.H. |
2015-09-24 |
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Petition of Steven J. Rubenzer, Ph.D., ABPP
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… hts Mobilization, 487 U.S. 72, 73-74 (1988) (holding that organizations held in civil contempt for failure to comply with subpoenas duces tecum had standing to challenge the subject matter jurisdiction of the district court to issue the sub …
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| 2014-0678 |
N.H. |
2015-07-23 |
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In the Matter of Valentina Conant and William Faller
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… him, some of which he described at the hearing. The trial court’s discretion in civil contempt proceedings extends to the fashioning of a remedy that is remedial, coercive, and for the benefit of the complaining party. See In the Matter of …
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| 2014-0724 |
N.H. |
2015-06-19 |
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In the Matter of Molly Cote and Kenneth Cote
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… to how to avoid contempt findings in the future. See id. at 727 (noting that a civil contempt order is meant to be “remedial, coercive, and for the benefit of the complainant”). Nor is there a basis upon which to determine the amount of at …
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| 2011-304 |
N.H. |
2012-05-11 |
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In Re Brownell
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… he had dissipated most of it before the divorce; and (4) found him in indirect civil contempt for failing to pay temporary alimony to the respondent and for violating the trial court’s anti-hypothecation order. We affirm. The following fac …
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| No. 2010-685 |
N.H. |
2011-12-14 |
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State v. Smith
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… t. Cf. State v. Nott, 149 N.H. 280, 282 (2003). “Criminal contempt differs from civil contempt in that its purpose is to *17 protect the authority and vindicate the dignity of the court . . . Id. (quotations and citations omitted). A defend …
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| 2008-073 |
N.H. |
2009-03-18 |
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New Hampshire Ball Bearings, Inc. v. Jackson
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… the court’s integrity amounted to sanctions for criminal contempt as opposed to civil contempt. Id. at 791 . Because the conduct the court was punishing occurred outside its presence, it had no authority to summarily impose punitive fines f …
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| 2007-390 |
N.H. |
2008-11-07 |
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Hilario v. Reardon
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… lling production of the records, the State petitioned for Mahoney to be held in civil contempt. Id. Mahoney then hired the defendant attorney and her law firm to represent him for purposes of the grand jury investigation. Id. Upon beginning …
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| 2006-257, 2006-773 |
N.H. |
2007-09-21 |
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State v. Lopez
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… uval v. Duval, 114 N.H. 422, 426 (1974), we recognized that in some non-support civil contempt cases “there may be issues of sufficient complexity so as to require the defendant to be assisted by counsel for a competent presentation of thei …
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| 2005-649 |
N.H. |
2006-09-26 |
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State v. Hall
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… that the State Constitution does not guarantee an automatic right to counsel in civil contempt proceedings. We recognized, however, that “the trial court may in its discretion appoint counsel” in “complicated” cases. Id. at 427 ; see Cook, …
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| No. 2005-067 |
N.H. |
2006-07-26 |
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Mortgage Specialists, Inc. v. Davey
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… ose of the punishment imposed. Bonser v. Courtney, 124 N.H. 796, 808 (1984). In civil contempt, the purpose of the punishment is remedial, coercive, and for the benefit of the plaintiff. Id. The purpose of criminal contempt, however, is pun …
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| No. 2005-110 |
N.H. |
2005-12-30 |
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In re Stall
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… e punishment.” In the Matter of Kosek & Kosek, 151 N.H. 722, 727 (2005). In civil contempt, the punishment is remedial, coercive and for the benefit of the complaining party. Id. Civil contempt proceedings may result in money fines paya …
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| No. 2002-301 |
N.H. |
2003-04-04 |
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State v. Nott
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… . See State v. Lieber, 146 N.H. 105, 107 (2001). Criminal contempt differs from civil contempt in that its purpose is to protect the authority and vindicate the dignity of the court, see State v. Wallace, 136 N.H. 267, 270 (1992). By contra …
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| Nos. 2000-414; 2000-563 |
N.H. |
2002-10-25 |
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American Express Trave v. Moskoff
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… eal period has expired. Failure to make such periodic payments shall constitute civil contempt of court. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant’s ability to pay the judgm …
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| No. 2000-592 |
N.H. |
2002-03-11 |
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In re Guardianship of Brittany S.
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… N.H. 51 (1986), to support her argument that due process may require counsel in civil contempt proceedings dependent upon the complexity of the issues involved. The record reveals that the probate judge specifically queried the petitioner’s …
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| No. 2000-288 |
N.H. |
2001-12-10 |
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Rogowicz v. O'Connell
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… re distinguished by the character and purpose of the possible punishment. While civil contempt is remedial and aims to coerce compliance with a court order for the benefit of the complainant, criminal contempt seeks to vindicate the dignity …
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| No. 98-213 |
N.H. |
2001-05-21 |
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Town of Nottingham v. Bonser
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… nce. After prolonged litigation, in May 1986, the court found the defendants in civil contempt for their failure to remove the mobile homes and assessed a fine against them of $1,000 for each day the homes remained in place. Over the ensuin …
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| No. 96-640 |
N.H. |
1999-04-16 |
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Mahoney v. Shaheen, Cappiello, Stein & Gordon, P.A.
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… ot covered by the first subpoena. That same day, the State filed a petition for civil contempt relating to the court’s August 1991 order due to Mahoney’s noncompliance. In early September, Mahoney hired the defendants to represent HCP and h …
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| No. LD-95-009 |
N.H. |
1998-05-11 |
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Bruzga's Case
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… pithorne, Esq.) recommendations, twice found the respondent, Paul W. Bruzga, in civil contempt during post-divorce proceedings involving the custody of his children, and the Superior Court {Smukler, J.) imposed sanctions. On the basis of th …
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| No. 96-106 |
N.H. |
1998-01-20 |
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In re Estate of Hemon
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… nses associated with Olivette’s Maine property. Roland was subsequently held in civil contempt by the trial court on two occasions for violating its order to return Olivette’s property. The contempt resulted in his temporary imprisonment. * …
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| No. 96-076 |
N.H. |
1997-06-05 |
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Appeal of Rowan
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… er asserts that the discipline imposed on him by the board is the equivalent of civil contempt, see Scarborough, 120 N.H. at 712 , 422 A.2d at 1308 (civil contempt is for benefit of plaintiff and has a remedial purpose), which the board is …
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| No. 94-106 |
N.H. |
1994-04-15 |
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Opinion of the Justices
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… tters that have been approved by the superior court by adjudicating a person in civil contempt for: (a) Failure to appear in response to a notice or summons. (b) Failure to comply with court orders. (c) Refusal to answer questions or to pro …
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| No. 91-282 |
N.H. |
1992-10-30 |
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State v. Wallace
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… 82, 285 , 385 A.2d 851, 853 (1978); Hicks v. Feiock, 485 U.S. 624, 631 (1988). "Civil contempt is a traditional remedy to enforce family support obligations." Mason Furniture Corp. v. George, 116 N.H. 451, 452 , 362 A.2d 188, 189 (1976). In …
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| No. 91-367 |
N.H. |
1992-06-02 |
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Kidder v. Kidder
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… in contempt, and has broad remedial power to impose penalties for contempt. “In civil contempt, the punishment is remedial, coercive, and for the benefit of the complainant. Civil contempt proceedings may result in money fines payable to th …
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| Nos. 88-320, 88-368, 88-485 |
N.H. |
1989-08-30 |
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State v. Grondin
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… ally reaffirmed the position reached in earlier cases, that “in our review of a civil contempt proceeding we would not consider the underlying action out of which the contempt order arose,” id. at 810, 481 A.2d at 532 (citations omitted), a …
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| No. 86-005; No. 86-255 |
N.H. |
1988-12-09 |
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Town of Nottingham v. Bonser
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… joining zoning violations and, in a separate proceeding, held the defendants in civil contempt for violating the original injunction. The defendants have appealed in each instance, although the corporate defendant has defaulted in the appea …
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| No. 86-401 |
N.H. |
1987-08-19 |
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Town of Epping v. Harvey
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… a report of the Master, R. Peter Shapiro, Esq.), finding the defendant to be in civil contempt and imposing a monetary penalty and continuing fines. We reverse in part and remand. The defendant, Daniel Harvey, is the owner of a tract of lan …
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| No. 83-472 |
N.H. |
1986-05-09 |
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Sheedy v. Merrimack County Superior Court
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… ember 1983 the Superior Court {Goode, J.) found the petitioner, Sean Sheedy, in civil contempt and ordered him incarcerated in the Merrimack County House of Correction. In *53 his petition for a writ of habeas corpus filed in this court, th …
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| No. 83-185 |
N.H. |
1984-08-27 |
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State v. Cook
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… nder the State Constitution, in civil cases even a possible loss of liberty for civil contempt will not automatically give rise to a right to counsel under standards of due process. See Duval v. Duval, 114 N.H. 422 , 322 A.2d 1 (1974); cf. …
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| No. 83-308 |
N.H. |
1984-04-16 |
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Bonser v. Courtney
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… Did the superior court find the plaintiff, Robert A. Bonser, to be in indirect civil contempt or in indirect criminal contempt? (2) Does the plaintiff have standing in this appeal to raise his claims for a jury trial and to challenge the p …
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| 81-364 |
N.H. |
1982-05-17 |
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Vermont National Bank v. Taylor
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… nd has been ordered to pay the judgment but refuses to do so, he can be held in civil contempt and ordered to be imprisoned until he makes the prescribed payment. Id. at 452-53 , 362 A.2d at 189 . See generally Town of Nottingham v. Cedar W …
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| 79-354 |
N.H. |
1980-12-22 |
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City of Lebanon v. Townsend
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… er a person who has not applied for a municipal business license may, in a 1979 civil contempt proceeding to enforce a court order entered against him in 1971, challenge the constitutionality of an ordinance relating to the procedure for ob …
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| 79-226 |
N.H. |
1980-11-13 |
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Scarborough v. R.T.P. Enterprises, Inc.
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… 491:20. There are two types of contempt, distinguishable according to'purpose: civil contempt, where the purpose is remedial and for the benefit of the plaintiff, and criminal contempt, where the purpose is punitive and to preserve the aut …
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| 79-101 |
N.H. |
1979-10-24 |
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Doe v. Doe
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… t given an opportunity to be heard must also be rejected. The finding is one of civil contempt because its purpose is to enforce the court’s order and plaintiff can purge herself of the contempt by compliance. Duval v. Duval, 114 N.H. 422, …
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| 79-057 |
N.H. |
1979-10-12 |
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Dover Veterans Council, Inc. v. City of Dover
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… e before this court is whether the superior court may hold the city of Dover in civil contempt for its failure to comply with a court order based on an ambiguous arbitrator’s report. From 1936 until recently, the Dover Veterans Council and …
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| No. 78-153 |
N.H. |
1979-02-28 |
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Wright v. Wright
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… endant, having complied with the court order, had purged himself of any alleged civil contempt. Duval v. Duval, 114 N.H. 422, 425 , 322 A.2d 1, 3 (1974). The record before us sustains a finding that the plaintiffs insistence on a hearing wa …
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| 78-049, 78-050 |
N.H. |
1978-10-17 |
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Royer v. State Department of Employment Security
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… uval v. Duval, 114 N.H. 422 , 322 A.2d 1 (1974); Bruno, The Right to Counsel in Civil Contempt Cases, 16 N.H.B.J. 126 (1974). Finally, an impartial decision-maker and a written statement of reasons are elements of a fair hearing which are t …
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| No. 78-139 |
N.H. |
1978-06-08 |
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In re Doe
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… ter and purpose of the punishment distinguishes the two classes of contempt. In civil contempt, the punishment is remedial, coercive, and for the benefit of the complainant. Civil contempt proceedings may result in money fines payable to th …
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| No. 7938 |
N.H. |
1978-05-09 |
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Town of Exeter v. Lampert
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… defendants did not remove the sign. On May 6, 1977, the town filed a motion for civil contempt. A hearing was held before Perkins, J., in June. At that hearing the court granted defendants’ motion to allow Mr. Melechinsky, a nonlawyer, to a …
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| No. 7943 |
N.H. |
1978-04-25 |
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Garthe v. Mills
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… ty, a $300 fine (not clearly payable to the complainant), following an indirect civil contempt proceeding, the court’s order is vacated and remanded for disposition in accordance with the principles stated in Nottingham v. Cedar Waters, Inc …
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| 7975 |
N.H. |
1978-04-25 |
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Town of Nottingham v. Cedar Waters, Inc.
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… ter and purpose of the punishment distinguishes the two classes of contempt. In civil contempt, the punishment is remedial, coercive, and for the benefit of the complainant. Civil contempt proceedings may result in money fines payable to th …
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| 7712 |
N.H. |
1977-10-17 |
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McCrady v. Mahon
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… omitted). Of course, the trial court may withhold use of the coercive power of civil contempt proceedings if the contemnor has no present ability to make payments on the arrearage. “Reduction of accrued installments is generally not permit …
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| 7364 |
N.H. |
1976-07-30 |
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Mason Furniture Corp. v. George
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… retion deems appropriate. Failure to make such weekly payments shall constitute civil contempt of court.” The defendant, who had been served with a subpoena by the sheriff, failed to appear at the hearing on the plaintiff’s petition. The Di …
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| 6848 |
N.H. |
1974-06-28 |
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Duval v. Duval
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… ay be imprisoned if convicted and urges that this right should be extended to a civil contempt proceeding where the possibility exists that a defendant may likewise be imprisoned for his failure to comply with an order of the court. See Pow …
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| 5536 |
N.H. |
1968-05-29 |
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Douglas v. Douglas
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… port arrearage of $3,875, at which time he was to be “released from jail on the civil contempt order of May 1964 . . . . ” The wife’s exceptions to the modification decree and the denial of her motion for rehearing were reserved and transfe …
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| No. 4890 |
N.H. |
1961-03-20 |
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Wyman v. DeGregory
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… United States and No. 54 Braden v. United States. The defendant’s committal for civil contempt for failure to answer the question “Are you presently a member of the Communist Party?” originates under the provisions of RSA 588:8-a (supp) (La …
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