Section 38 Civil Contempt

• Library: Remedies 2006

Because of the dichotomous nature of civil contempt, that is, possessing civil and criminal overtones, the strict notice requirements applicable in indirect criminal contempt proceedings, Sands v. Richardson, 252 S.W. 990 (Mo. App. W.D. 1923), are also applicable in civil contempt proceedings. Jacoby v. Jacoby, 675 S.W.2d 117 (Mo. App. W.D. 1984) (referring to Sands, 252 S.W. 990, and Jafarian-Kerman v. Jafarian-Kerman, 424 S.W.2d 333 (Mo. App. W.D. 1967)). A valid judgment is not possible if it is based on an unnoticed contempt motion. Cooper v. Cooper, 778 S.W.2d 694 (Mo. App. E.D. 1989).

A charge which may result in a judgment of imprisonment is not sufficient if its content depends on inference, surmise or conjecture. The mere fact the accused may have known the...