Filed July 20, 2015
The rule is to be applied when the contemnor’s conduct is “such an open, serious threat to orderly procedure that instant and summary punishment, as distinguished from due and deliberate procedures, (is) necessary.” Harris v. United States, 382 U.S. at 165 (citation omitted). Rule 42(b) is to be applied only “where instant action is necessary to protect the judicial institution itself.”