Contempt in facie curiae

Unfounded accusations or allegations or words tending to embarrass the court or to bring it into disrepute have no place in a pleading. Their employment serves no useful purpose. On the contrary, they constitute direct contempt of court or contempt in facie curiae and, when committed by a lawyer, a violation of the lawyer’s oath and a transgression of the Code of Professional Responsibility. (G.R. No. 155849. August 31, 2011)

Offensive and disrespectful observation is an act of direct contempt or contempt in facie curiae and could be summarily punished without hearing. While petitioner counsel could have been provoked by what he considered an unjust and unfair order, there is no justification for him to resort to intemperate and highly derogatory language. Accordingly it is not an excess of jurisdiction on the part of respondent Judge to find him in direct contempt of court — having resorted to such a language in his pleadings. Offensive and disrespectful observation is an act of direct contempt or contempt in facie curiae. (G.R. No. L-47244. January 16, 1979)

What is contempt of court? There is a difference between contempt of court in facie curiae and contempt of court ex facie curiae. https://lowvelder.co.za/229074/contempt-court.Contempt of court is a similar criminal offence. It is the offence of being disrespectful towards a court of law and its officers.  This is done by wilful behaviour that opposes the dignity or functioning of the court in any way. This broad definition can be divided into two sub-divisions: contempt of court in facie curiae and contempt of court ex facie curiae.

Contempt of court in facie curiae is committed in court in front of the presiding officer. An example would be the accused telling the judge: “you have no idea what you are doing!”

Contempt of court ex facie curiae comes down to an act performed or words spoken that obstructs justice. When a publication publishes that an accused is guilty before a court has ordered such, the publication may have committed contempt of court. When you have been summoned to appear in court and do not show up, this may also render you guilty of committing contempt of court. Read more: https://lowvelder.co.za/229074/contempt-court.