§ 401. Power of court
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/usc/title-18/section-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
(1)Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2)Misbehavior of any of its officers in their official transactions;
(3)Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107–273, div. B, title III, § 3002(a)(1), Nov. 2, 2002, 116 Stat. 1805.)
Historical and Revision Notes
Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 268, 36 Stat. 1163).
Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.
Changes in phraseology and arrangement were made.
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8 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 701
- Pub. L. 107–273, div. B, title III, § 3002(a)(1)
- 116 Stat. 1805
- section 385 of title 28
- Mar. 3, 1911, ch. 231, § 268
- 36 Stat. 1163
- Pub. L. 107–273
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cites case law
§ 401
Power of court
Fed. Reg.×11
U.S.C.×3
IRM×2
C.F.R.×1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 701
Pub. L.Pub. L. 107–273, div. B, title III, § 3002(a)(1)
Stat.116 Stat. 1805
Citesection 385 of title 28
Cites 8 · showing 5Cited by 17 across 4 sources