Legal Definitions - presence of the court

Definition: Presence of the court refers to the company or proximity of the judge or other courtroom official. It is used to determine if an action is considered contempt of court.

For an action to be considered in the presence of the court, it must be committed within the view of the judge or other person in court and must be intended to disrupt the court's business. This means that if someone does something disruptive in the courtroom, such as shouting or throwing objects, they can be held in contempt of court.

According to legal sources, the term "in the presence of the court" is interpreted liberally. This means that the court is considered present wherever any of its constituent parts are engaged in the prosecution of the business of the court according to law. This includes the judge, the courtroom, the jury, or the jury room.

Example: During a trial, a defendant becomes angry and starts shouting at the judge. This behavior is considered in the presence of the court because it is disruptive and within the view of the judge.

Example: A person outside the courtroom yells insults at a witness who is entering the building. This behavior is not considered in the presence of the court because it is not within the view of the judge or other courtroom official.

The examples illustrate that the presence of the court is determined by the location and behavior of the individuals involved in the court proceedings. Any disruptive behavior that occurs within the view of the judge or other courtroom official can be considered contempt of court.