Rule 107.Remedial and Punitive Sanctions for Contempt

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 107 sets out how Colorado courts punish contempt of court, distinguishing direct contempt (handled summarily) from indirect contempt (requiring notice and a hearing), and remedial sanctions meant to force compliance from punitive sanctions meant to punish past misconduct.

Full Text of Rule 107

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Definitions.

(1) Contempt. Disorderly or disruptive behavior, a breach of the peace, boisterous conduct or violent disturbance toward the court, or conduct that unreasonably interrupts the due course of judicial proceedings; behavior that obstructs the administration of justice; disobedience or resistance by any person to or interference with any lawful writ, process, or order of the court; or any other act or omission designated as contempt by the statutes or these rules.

(2) Direct Contempt. Contempt that the court has seen or heard and is so extreme that no warning is necessary or that has been repeated despite the court's warning to desist.

(3) Indirect Contempt. Contempt that occurs out of the direct sight or hearing of the court.

(4) Punitive Sanctions for Contempt. Punishment by unconditional fine, fixed sentence of imprisonment, or both, for conduct that is found to be offensive to the authority and dignity of the court.

(5) Remedial Sanctions for Contempt. Sanctions imposed to force compliance with a lawful order or to compel performance of an act within the person's power or present ability to perform.

(6) Court. For purposes of this rule, “court” means any judge, magistrate, commissioner, referee, or a master while performing official duties.

(b) Direct Contempt Proceedings. When a direct contempt is committed, it may be punished summarily. In such case an order shall be made on the record or in writing reciting the facts constituting the contempt, including a description of the person's conduct, a finding that the conduct was so extreme that no warning was necessary or the person's conduct was repeated after the court's warning to desist, and a finding that the conduct is offensive to the authority and dignity of the court. Prior to the imposition of sanctions, the person shall have the right to make a statement in mitigation.

(c) Indirect Contempt Proceedings. When it appears to the court by motion supported by affidavit that indirect contempt has been committed, the court may ex parte order a citation to issue to the person so charged to appear and show cause at a date, time and place designated why the person should not be punished. The citation and a copy of the motion, affidavit and order shall be served directly upon such person at least 21 days before the time designated for the person to appear. If such person fails to appear at the time so designated, and it is evident to the court that the person was properly served with copies of the motion, affidavit, order, and citation, a warrant for the person's arrest may issue to the sheriff. The warrant shall fix the date, time and place for the production of the person in court. The court shall state on the warrant the amount and kind of bond required. The person shall be discharged upon delivery to and approval by the sheriff or clerk of the bond directing the person to appear at the date, time and place designated in the warrant, and at any time to which the hearing may be continued, or pay the sum specified. If the person fails to appear at the time designated in the warrant, or at any time to which the hearing may be continued, the bond may be forfeited upon proper notice of hearing to the surety, if any, and to the extent of the damages suffered because of the contempt, the bond may be paid to the aggrieved party. If the person fails to make bond, the sheriff shall keep the person in custody subject to the order of the court.

(d) Trial and Punishment.

(1) Punitive Sanctions. In an indirect contempt proceeding where punitive sanctions may be imposed, the court may appoint special counsel to prosecute the contempt action. If the judge initiates the contempt proceedings, the person shall be advised of the right to have the action heard by another judge. At the first appearance, the person shall be advised of the right to be represented by an attorney and, if indigent and if a jail sentence is contemplated, the court will appoint counsel. The maximum jail sentence shall not exceed six months unless the person has been advised of the right to a jury trial. The person shall also be advised of the right to plead either guilty or not guilty to the charges, the presumption of innocence, the right to require proof of the charge beyond a reasonable doubt, the right to present witnesses and evidence, the right to cross-examine all adverse witnesses, the right to have subpoenas issued to compel attendance of witnesses at trial, the right to remain silent, the right to testify at trial, and the right to appeal any adverse decision. The court may impose a fine or imprisonment or both if the court expressly finds that the person's conduct was offensive to the authority and dignity of the court. The person shall have the right to make a statement in mitigation prior to the imposition of sentence.

(2) Remedial Sanctions. In a contempt proceeding where remedial sanctions may be imposed, the court shall hear and consider the evidence for and against the person charged and it may find the person in contempt and order sanctions. The court shall enter an order in writing or on the record describing the means by which the person may purge the contempt and the sanctions that will be in effect until the contempt is purged. In all cases of indirect contempt where remedial sanctions are sought, the nature of the sanctions and remedies that may be imposed shall be described in the motion or citation. Costs and reasonable attorney's fees in connection with the contempt proceeding may be assessed in the discretion of the court. If the contempt consists of the failure to perform an act in the power of the person to perform and the court finds the person has the present ability to perform the act so ordered, the person may be fined or imprisoned until its performance.

(e) Limitations. The court shall not suspend any part of a punitive sanction based upon the performance or non-performance of any future acts. The court may reconsider any punitive sanction. Probation shall not be permitted as a condition of any punitive sanction. Remedial and punitive sanctions may be combined by the court, provided appropriate procedures are followed relative to each type of sanction and findings are made to support the adjudication of both types of sanctions.

(f) Appeal. For the purposes of appeal, an order deciding the issue of contempt and sanctions shall be final.

End

Amendment History

Amended effective April 1, 1995; June 15, 1995; January 1, 2012.

Plain-English Summary

Rule 107 organizes contempt of court around two pairs of distinctions. The first is direct versus indirect contempt: direct contempt is misconduct the judge personally saw or heard that was extreme enough to need no warning, or that continued after a warning to stop; indirect contempt is anything that happens outside the court's direct sight or hearing. The second is remedial versus punitive sanctions: remedial sanctions push someone to comply with an order or complete an act they are able to perform, while punitive sanctions — a fine, a fixed jail term, or both — punish conduct already found offensive to the court's authority and dignity.

Direct contempt can be punished on the spot, but the court must put its findings in writing or on the record and give the person a chance to speak in mitigation before imposing a sanction. Indirect contempt takes more process: someone files a motion backed by an affidavit, the court can issue a citation ex parte directing the person to appear and show cause, and that citation must be served at least 21 days before the hearing. If the person does not show up despite proper service, the court can issue an arrest warrant with a bond amount set on its face.

When punitive sanctions are on the table for indirect contempt, the accused gets a fuller set of protections — the right to counsel (appointed if indigent and jail time is possible), notice of the right to a different judge if the judge started the proceeding, and rights resembling those in a criminal case, including proof beyond a reasonable doubt and the right to a jury trial before more than six months in jail can be imposed. Remedial sanctions instead focus on describing exactly what the person must do to purge the contempt, and courts can award costs and attorney fees along the way. Punitive and remedial sanctions can be combined in the same case if the court follows the required procedure and makes the necessary findings for each.

Frequently Asked Questions

What separates direct contempt from indirect contempt?

Direct contempt is misconduct the court itself saw or heard that was extreme enough to need no warning, or that was repeated after the court warned the person to stop. Indirect contempt is conduct that happens outside the court's direct sight or hearing and requires a motion, affidavit, and hearing before sanctions can follow.

How much notice does someone get before an indirect contempt hearing?

The citation, along with the motion, affidavit, and order, must be served on the person at least 21 days before the hearing date set by the court.

When can someone go to jail for more than six months for contempt?

Only if the person was advised of the right to a jury trial. Without that advisement, the maximum jail sentence for punitive contempt sanctions is six months.

What is the difference between remedial and punitive sanctions?

Remedial sanctions are meant to force compliance with a court order or push a person to complete an act within their power to perform, and they can be combined with punitive sanctions if the court makes the required findings for both. Punitive sanctions — a fine, a set jail term, or both — punish conduct already found offensive to the court's authority and dignity, and courts may not suspend a punitive sanction based on whether the person does something in the future.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 107). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

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