If a person is charged with either indirect or direct contempt, the person is not entitled to a hearing.

• A. True
• B. False
• C. Only if the offense is minor
• D. Only if the judge so orders

Answer: (B)

Contempt proceedings split into two types: direct contempt, happening in the court’s presence, and indirect contempt, occurring outside the courtroom. The crucial difference is due process. Direct contempt can be punished summarily in the moment, without a formal separate hearing. Indirect contempt, however, requires notice and a hearing to protect the charged person’s rights. Since indirect contempt always involves a hearing, the statement that a person charged with either type is not entitled to a hearing is not correct. The best takeaway is that a hearing is required for indirect contempt, while direct contempt may be addressed directly in court.