2.5Indirect Contempt

Indirect contempt occurs outside the immediate view and presence of the court. See MCL 600.1711(2). Indirect contempt may not be punished summarily, and may only be punished “after proof of the facts charged has been made by affidavit or other method and opportunity has been given to defend.” Id.

Indirect contempt is also governed by MCR 3.606, which requires “a proper showing on ex parte motion supported by affidavits” to initiate a contempt proceeding when the contempt occurs outside the immediate presence of the court. MCR 3.606(A).11

11. See Chapter 3 for a complete discussion of procedural requirements.