Civil contempt of court refers to disobedience of an order of the court which carries quasi-criminal penalties rather than direct criminal penalties. The goal of civil contempt of court charges is to persuade the party or person subject to the charges to comply with the court order(s). Unlike other civil penalties, however, civil contempt of court can result in jail time.
For example, a party who refuses to turn over documents requested during discovery may find themselves charged with civil contempt of court. As a result of this charge, the party may find themselves subject to a fine and/or temporarily imprisoned.
Civil contempt of court justifies the possibility of jail time for otherwise entirely civil matters because “the key to the cell is in the contemnor’s own pocket.” In other words, the contemnor is punished for only so long as they refuse to perform the action required of them by the court. Once the contemnor performs that action, they will immediately be released from whatever sanction the court has imposed.
Like all contempt charges, civil contempt of court is split between direct and indirect contempt. Direct contempt occurs directly within the view of the court, while indirect contempt occurs outside of the courtroom. Civil direct contempt of court is used to maintain order during court proceedings, whereas civil indirect contempt is used to motivate compliance with a court order like probation terms.
The power of federal courts to hold people in civil contempt is codified in multiple places. Federal Rule of Civil Procedure 37 states that “If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.” Federal Rule of Civil Procedure 70 allows a court to hold a party disobeying a specific judgment in contempt. 28 USC §1826 provides courts with the power to apply contempt charges to witnesses, stating “Whenever a witness in any proceeding … refuses without just cause shown to comply with an order of the court to testify or provide other information … the court … may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information.”
State statutes regarding civil contempt closely mirror the federal concept. New York’s Judiciary Law §753 allows a court “to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced.” Similarly, North Carolina’s General Statutes §5A-21 states that “failure to comply with an order of a court is a continuing civil contempt” and that “a person who is found in civil contempt may be imprisoned as long as the civil contempt continues."
[Last updated in February of 2024 by the Wex Definitions Team]