The trial court must determine whether a contempt is criminal or civil before initiating proceedings because “[a] defendant charged with contempt is entitled to be informed not only whether the contempt proceedings are civil or criminal, but also the specific offenses with which he or she is charged.” DeGeorge v Warheit, 276 Mich App 587, 592 (2007). See Chapter 2 for a detailed discussion on differentiating between civil and criminal contempt; see also the Michigan Judicial Institute’s table comparing civil and criminal contempt.
The trial court must determine whether the contempt was direct or indirect to determine whether a hearing is required. MCL 600.1711. See Chapter 2 for a detailed discussion on differentiating between direct and indirect contempt.
Indirect contempts require a hearing; punishment may occur only “after proof of the facts charged has been made by affidavit or other method and opportunity has been given to defend.” MCL 600.1711(2). See Section 3.3 for a discussion of the due process requirements for indirect contempt hearings. Direct contempts may be punished summarily, and accordingly, do not require separate hearings. MCL 600.1711(1). See Section 2.4 for a detailed discussion of summary proceedings. However, if the trial court defers punishment of a direct contempt, a hearing is required. In re Contempt of Henry, 282 Mich App 656, 676 (2009). See Section 2.4(F) for additional discussion of deferred consideration of direct contempt.