Tests for Distinguishing Between Civil and Criminal
A proceeding in criminal contempt is a separate and independent
proceeding at law from the main cause, with the public on one side and the
defendant on the other. Proceedings in civil contempt are usually between
original parties and are instituted and tried as part of the main cause or
supplemental proceeding thereto. See Bray v. United States,
U.S. 73 (1975); Gompers v. Bucks Stove and Range Co., 221 U.S.
[cited in USAM 9-39.000]