Tennessee USLegal Pamphlet on Contempt of Court

State:
Multi-State
Control #:
US-PMPH-03
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Omission to perform act. (a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it.

As punishment for being in contempt, Tennessee Code Annotated § 29-9-103 provides in relevant part: (a) The punishment for contempt may be by fine or by imprisonment, or both.

Tennessee Code Annotated § 29-9-102(3) authorizes courts to find a person who willfully disobeys ?any lawful writ, process, order, rule, decree, or command? of a court to be in contempt of court.

A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

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).

Performance of Forbidden Act. If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages. Code 1858, § 4109; Shan., § 5921; Code 1932, § 10122; T.C.A.

Section 29-9-103 - Punishment (a) The punishment for contempt may be by fine or by imprisonment, or both.

Rule 37.02: Failure to Comply with Order. Rule 37.03: Failure to Supplement or Amend Responses or Failure to Admit. Rule 37.04: Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Requests for Inspection. Rule 37.05: Failure to Participate in the Framing of a Discovery Plan.

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Tennessee USLegal Pamphlet on Contempt of Court