Del. Fam. Ct. R. Crim. P. 42

As amended through November 14, 2024
Rule 42 - Criminal Contempt
(a) Summary disposition. A criminal contempt may be punished summarily if the Court certifies that it saw or heard the conduct constituting the contempt and that the conduct was committed in the actual presence of the Court. The order of contempt shall recite the facts and shall be signed by the Court and entered of record.
(b) Prosecution by complaint, information or petition; prosecution by order to show cause; disqualification; disposition.
(1) An action for prosecution of criminal contempt may be commenced by filing of a complaint in accordance with Rule 3 or by filing by the Attorney General of an information or petition and pursued in accordance with statute and these Rules.
(2) Except when pursued in accordance with Rule 42(a) or 42(b)(1), a criminal contempt shall be prosecuted on notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice shall be given orally by the judge or master in open court in the presence of the person charged or on application of the Attorney General or of an attorney appointed by the Court for that purpose by an order to show cause or an order of apprehension. The person charged is entitled to admission to bail as provided in these Rules.
(3) If the contempt charged involves disrespect to or criticism of a judge or master, that judge or master is disqualified from presiding at the trial or hearing except with the consent of the person charged.
(4) Upon a verdict or finding of guilt, the Court shall enter an order fixing the punishment.

Del. Fam. Ct. R. Crim. P. 42