A.  Procedures

C.R.C.P. 107(b)
Direct contempt may be punished summarily, after the court makes findings on the record or in writing. 

C.R.C.P. 107(b)
Prior to the imposition of sanctions, the person shall have a right to make a statement in mitigation.



With indirect contempt, a court may ex parte order a citation to issue to the person so charged, to appear and show cause why the person should not be punished, at a date, time and place designated by the court. The citation should be accompanied by:
  • A copy of the motion for contempt citation;
  • An affidavit; and
  • The order.
C.R.C.P. 107(c)
The citation must be personally served at least twenty days before the hearing. If the person fails to appear and has been properly served, an arrest warrant may be issued and a bond set.

C.R.C.P. 107(d)(1)
With indirect contempt, where punitive sanctions will be imposed, the court must advise the person of the following:
  • If the judge initiates the contempt action, the right to have the action heard by another judge;
  • The right to be represented by an attorney and, if indigent and a jail sentence is contemplated, the right to an attorney at state expense;
  • The right to a jury trial if the maximum jail sentence exceeds six months;
  • The right to plead either guilty or not guilty to the charges;
  • The right to be presumed innocent;
  • The right to proof beyond a reasonable doubt;
  • The right to present witnesses and evidence;
  • The right to cross-examine adverse witnesses at trial;
  • The right to remain silent;
  • The right to testify at trial;
  • The right to appeal any adverse decision; and
  • The right to make any statement in mitigation prior to the imposition of sentence.
Eichhorn v. Kelley, 56 P.3d 124  (Colo. App. 2002)
C.R.C.P. 107(d)(1) does not provide for an award of attorney fees as a punitive sanction.