This pamphlet provides an overview on the contempt process, both in civil and criminal matters. Specific detail is provided on how contempt motions are filed and dealt with in a divorce case.
Alabama USLegal Pamphlet on Contempt of Court
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US-PMPH-03
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FAQ
The Supreme Court has repeatedly held that federal courts possess inherent authority to punish contempt?i.e., disobedience of a court order or obstruction of justice?and to impose other sanctions on parties or attorneys who engage in misconduct. See United States v. United Mine Workers, 330 U.S. 258, 299 (1947).
Criminal contempts, which are more likely to raise First Amendment issues, involve trespassing against the dignity of the court itself.
A criminal contempt is one in which the purpose of the proceeding is to impose punishment for disobedience to the orders of the court, as distinguished from a civil contempt which invokes the power of the court to commit one who is continuing to violate its orders until he complies with them.?
Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in ance with a judgment by a court, can be charged with contempt and subsequently penalized.
Rule 37(a)(2) establishes a motion as the vehicle for relief under the various discovery devices. Further, the party successfully opposing a Rule 37 motion compelling discovery can obtain a protective order as an adjunct to the order denying the Rule 37 motion just as if he had moved for such relief under Rule 26(c).
33(c)] states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it 'as readily as can the party served,' and that the responding party must give the interrogating party a 'reasonable opportunity to examine ...
