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Idaho Criminal Rule 42(f).  Nonsummary Proceedings - Initial Appearance of Respondent.

(1) Advice to respondent.  At the respondent's first appearance in court to answer to the charge of contempt in nonsummary proceedings, the court shall inform the respondent of:


a.  The charge(s) of contempt against the respondent;


b.  The possible sanctions for contempt;


c.  That the respondent is not required to make a statement and that any statement made may be used against the respondent;


d.  The respondentís right to a trial;


e.  The respondentís right to confront the witnesses against the respondent, including watching the witnesses testify in court and questioning them; and


f.  The respondent's right to bail, if the respondent has been arrested under a warrant of attachment.


(2) Additional advice in order to impose incarceration as a sanction.  If the respondent appears without counsel and the court desires to have the option of imposing incarceration as a sanction, the court must inform the respondent that the respondent has the right to be represented by an attorney and that if the respondent desires an attorney and cannot afford one, an attorney will be appointed at public expense.


(Prior Rule 42 RESCINDED; New Rule 42 Adopted March 24, 2005, effective July, 2005.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Daniel T. Eismann
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge John M. Melanson
Judge Molly J. Huskey



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