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765. Indirect Criminal Contempt—Use of a Single Petition to Institute Both a Civil and Criminal Contempt Action

Although a single petition may be used to institute both a civil and a criminal contempt action directed at the same transaction or series of transactions, it has been held that the better practice is to file the petitions for such actions separately. Monroe Body Co. v. Herzog, 13 F.2d 705 (6th Cir. 1926), modified, 18 F.2d 578 (1927). If the civil and criminal contempt actions are filed together, the petition must satisfy the requirements of Rule 42(b) of the Federal Rules of Criminal Procedure.

[cited in JM 9-39.000]

Updated January 21, 2020