Contempt of court

What contempt of court means

In practice, you will see contempt of court in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where contempt of court comes up

For example, the term appears in these procedures:

• Motion for Contempt (Order to Show Cause re Contempt) (18 U.S.C. § 401; Fed. R. Civ. P. 37(b)(2)(A)(vii)): a request that the court find a party in contempt for disobeying a court order, and then impose a sanction to force compliance or compensate the other side. Under 18 U.S.C. § 401, a federal court may punish disobedience of or resistance to its lawful writ, process, order, rule, decree or command by fine, imprisonment or both. Courts also rely on their inherent power to enforce their orders.

Read the source: Sanctions.

How to research the term

To research contempt of court, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Conduct: a person's actions or failures to act.
• Consolidation: joining two or more separate cases that involve a common question of law or fact, so they are heard or tried together. Federal Rule of Civil Procedure 42(a) allows it.
• Constitution: the fundamental law of a nation or state that establishes the government, divides and limits its powers and protects individual rights. In the United States there is a federal Constitution and a constitution for each state. Laws that conflict with the applicable constitution are invalid.
• Constitutional avoidance: the canon that a court should avoid deciding a constitutional question if it can decide the case on another ground, and should read a statute to avoid serious constitutional doubts when that reading is fairly possible.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.