presence of the court

presence of the court. The company or proximity of the judge or other courtroom official. • For purposes of contempt, an action is in the presence of the court if it is committed within the view of the judge or other person in court and is intended to disrupt the court’s business.

“Some decisions indicate that the term ‘in the presence of the court’ is to be given a liberal interpretation, that ‘the court’ consists not of the judge, the courtroom, the jury, or the jury room individually, but of all of these combined, and that the court is present wherever any of its constituent parts is engaged in the prosecution of the business of the court according to law.” 17 Am. Jur. 2d Contempt § 19 (1990).


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