Contempt Authority.—
In general .—
Summary criminal contempt authority .—
Additional criminal contempt authority in civil consent and misdemeanor cases .—
Civil contempt authority in civil consent and misdemeanor cases .—
Criminal contempt penalties .—
Certification of other contempts to the district court .—
Appeals of magistrate judge contempt orders .—
June 25, 1948, ch. 64662 Stat. 917Pub. L. 90–578, title I, § 10182 Stat. 1113Pub. L. 92–23986 Stat. 47Pub. L. 94–577, § 190 Stat. 2729Pub. L. 95–144, § 291 Stat. 1220Pub. L. 96–82, § 293 Stat. 643Pub. L. 98–473, title II, § 20898 Stat. 1986Pub. L. 98–620, title IV, § 402(29)(B)98 Stat. 3359Pub. L. 99–651, title II, § 201(a)(2)100 Stat. 3647Pub. L. 100–659, § 4(c)102 Stat. 3918Pub. L. 100–690, title VII, § 7322102 Stat. 4467Pub. L. 100–702, title IV, § 404(b)(1)102 Stat. 4651Pub. L. 101–650, title III104 Stat. 5112Pub. L. 104–317, title II110 Stat. 3848–3850Pub. L. 106–518, title II114 Stat. 2412Pub. L. 107–273, div. B, title III, § 3002(b)116 Stat. 1805Pub. L. 109–63, § 2(d)119 Stat. 1995Pub. L. 111–16, § 6(1)123 Stat. 1608(, ; , , ; , §§ 1, 2, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title X, § 1014, , , 4669; , §§ 308(a), 321, , , 5117; , §§ 201, 202(b), 207, , ; , §§ 202, 203(b), , , 2414; , , ; , , ; , , .)
Historical and Revision Notes
Prior jurisdiction, powers, and procedure provisions in section 632May 7, 1894, ch. 72, § 528 Stat. 74Apr. 20, 1904, ch. 1400, § 633 Stat. 188Mar. 2, 1907, ch. 251634 Stat. 1218Mar. 3, 1911, ch. 23036 Stat. 1086Mar. 3, 1911, ch. 231, § 29136 Stat. 1167Aug. 22, 1914, ch. 264, § 638 Stat. 700June 30, 1916, ch. 197, § 639 Stat. 245Aug. 21, 1916, ch. 368, § 639 Stat. 523June 2, 1920, ch. 21841 Stat. 733Apr. 25, 1928, ch. 434, § 645 Stat. 460Apr. 26, 1928, ch. 438, § 645 Stat. 464Apr. 19, 1930, ch. 200, § 64 Stat. 228May 2, 1932, ch. 155, § 347 Stat. 145June 25, 1935, ch. 309, § 149 Stat. 422Aug. 19, 1937, ch. 70350 Stat. 702June 25, 1938, ch. 684, § 152 Stat. 1164June 28, 1938, ch. 778, § 152 Stat. 1213Mar. 4, 1940, ch. 40, § 254 Stat. 43Mar. 6, 1942, ch. 150, § 556 Stat. 134Mar. 6, 1942, ch. 151, § 556 Stat. 137Apr. 29, 1942, ch. 264, § 556 Stat. 260June 5, 1942, ch. 341, § 556 Stat. 318Apr. 23, 1946, ch. 202, § 260 Stat. 120June 24, 1946, ch. 463, § 260 Stat. 303.—Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5, and 408m of title 16, U.S.C., 1940 ed., Conservation (, ; , ; , §§ 1, 2, ; , ; , ; , ; , ; , ; , §§ 7, 8, ; , ; , ; , ; , ; , ; , §§ 5, 6, ; , ; , ; , ; , ; , ; , ; , ; , ; , ).
Section consolidates provisions of sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., relating to jurisdiction and powers of park commissioners with necessary changes in arrangement and phraseology. For other provisions of such sections, see Distribution Table.
The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., relating to the powers of park commissioners respecting issuance of warrants of arrest and other process were omitted and are recommended for repeal as covered by sections 3041 and 3141 of revised title 18 (H.R. 1600, 80th Cong.), and Rules, 4, 5(c), and 9 of the new Federal Rules of Criminal Procedure.
Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., for arrest without warrant for violation of law or regulation within a national park were also omitted and are recommended for repeal as covered by section 3054 of revised title 18 (H.R. 2200, 79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule 4 of the Federal Rules of Civil Procedure.
Senate Revision Amendment
section 158b of Title 16act May 15, 1947, ch. 55, § 261 Stat. 92As finally enacted, , U.S.C., which was derived from , , was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. No change in the text of the section was necessary as the result of inclusion of such section 158b. See 80th Congress Senate Report No. 1559.
act May 15, 1947, ch. 5761 Stat. 92section 403c–5 of Title 16As finally enacted, , , which amended , U.S.C., was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.
Prior oaths, acknowledgments, affidavits, and depositions provisions in section 637May 28, 1896, ch. 252, § 1929 Stat. 184Mar. 2, 1901, ch. 81431 Stat. 956Mar. 3, 1911, ch. 231, § 29136 Stat. 1167.—Based on title 28, U.S.C., 1940 ed., §§ 525, 758 (R.S. § 945; , ; , ; , ).
section 758 of title 28section 953 of this titleThis section consolidates part of section 525 with , U.S.C., 1940 ed. The provision of said section 525 empowering clerks and deputy clerks to administer oaths is incorporated in . The provision of said section 758 that acknowledgments of bail and affidavits should have the same effect as if taken before judges was omitted as surplusage.
section 591 of title 28section 525 of title 28section 108 of title 48The exception as to Alaska, provided in , U.S.C., 1940 ed., and referred to in , U.S.C., 1940 ed., was omitted as unnecessary since , U.S.C., 1940 ed., Territories and Insular Possessions, and section 1119 of the Compiled Laws of Alaska, 1933, give commissioners all powers of notaries public. See also reviser’s notes to sections 631 and 633 of this title.
Word “acknowledgments” was inserted to make it clear that commissioners, like justices of the peace, can take acknowledgments as well as oaths, affidavits, etc.
The authority to take depositions was included to conform to Federal Rules of Civil Procedure, Rule 28.
Changes were made in phraseology.
Editorial Notes
References in Text
The Rules of Criminal Procedure for the United States District Courts, referred to in subsecs. (a)(1) and (e)(2)–(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The Federal Rules of Civil Procedure for the United States district courts, referred to in subsecs. (b)(2), (c)(3), and (e)(4), are set out in the Appendix to this title.
Amendments
Pub. L. 111–162009—Subsec. (b)(1). substituted “fourteen days” for “ten days” in concluding provisions.
Pub. L. 109–632005—Subsec. (a). substituted “district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—” for “territorial jurisdiction prescribed by his appointment—” in introductory provisions.
Pub. L. 107–273, § 3002(b)(1)2002—Subsec. (e)(2). , inserted “, or both,” after “fine or imprisonment”.
Pub. L. 107–273, § 3002(b)(2)Subsec. (e)(3). , inserted “or both,” after “fine or imprisonment,”.
Pub. L. 106–518, § 203(b)2000—Subsec. (a)(4), (5). , added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:
“(4) the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and
“(5) the power to enter a sentence for a class A misdemeanor, or a class B or C misdemeanor not covered by paragraph (4), in a case in which the parties have consented.”
Pub. L. 106–518, § 202Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) specified conduct before a magistrate judge which constituted contempt of court and prescribed procedure for adjudicating and punishing contempts.
Pub. L. 104–317, § 202(b)(1)1996—Subsec. (a)(3). , substituted a semicolon for “, and” at end.
Pub. L. 104–317, § 202(b)(2)Subsec. (a)(4), (5). , added pars. (4) and (5) and struck out former par. (4) which read as follows: “the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”
Pub. L. 104–317, § 207(1)(A)Subsec. (c)(3). , substituted “The consent of the parties” for “In this circumstance, the consent of the parties”.
Pub. L. 104–317, § 207(1)(B)Subsec. (c)(4) to (7). , (C), redesignated pars. (6) and (7) as (4) and (5) and struck out former pars. (4) and (5) which read as follows:
“(4) Notwithstanding the provisions of paragraph (3) of this subsection, at the time of reference to a magistrate, the parties may further consent to appeal on the record to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. Wherever possible the local rules of the district court and the rules promulgated by the conference shall endeavor to make such appeal inexpensive. The district court may affirm, reverse, modify, or remand the magistrate’s judgment.
“(5) Cases in the district courts under paragraph (4) of this subsection may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment. Nothing in this paragraph shall be construed to be a limitation on any party’s right to seek review by the Supreme Court of the United States.”
Pub. L. 104–317, § 207(2)Subsec. (d). , struck out “, and for the taking and hearing of appeals to the district courts,” after “officers serving under this chapter”.
Pub. L. 104–317, § 201Subsec. (f). , substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)” in first sentence.
Pub. L. 101–6501990—Subsec. (c)(2). substituted “the availability of a magistrate to exercise” for “their right to consent to the exercise of” in first sentence and amended third sentence generally. Prior to amendment, third sentence read as follows: “Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate.”
Pub. L. 100–6901988—Subsec. (a)(4). added par. (4).
Pub. L. 100–702, § 1014section 753 of this titleSubsec. (c)(7). , amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The magistrate shall determine, taking into account the complexity of the particular matter referred to the magistrate, whether the record in the proceeding shall be taken, pursuant to , by electronic sound recording means, by a court reporter appointed or employed by the court to take a verbatim record by shorthand or by mechanical means, or by an employee of the court designated by the court to take such a verbatim record. Notwithstanding the magistrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so requests, (B) the proceeding shall be recorded by a means other than a court reporter if all parties so agree, and (C) no record of the proceeding shall be made if all parties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any district court of the judicial circuit for reporting proceedings under this subsection, or for other reporting duties in such court.”
Pub. L. 100–702, § 404(b)(1)section 2072 of this titlesection 3402 of title 18Subsec. (d). , substituted “” for “, United States Code”.
Pub. L. 100–659section 377 of this titleSubsec. (h). inserted “ or in” after “annuity set forth in” and “which are applicable to such magistrate” after “title 5” in second sentence.
Pub. L. 99–6511986—Subsec. (h). added subsec. (h).
Pub. L. 98–473section 3142 of title 18section 3146 of title 181984—Subsec. (a)(2). substituted “issue orders pursuant to concerning release or detention of persons pending trial” for “impose conditions of release under ”.
Pub. L. 98–620Subsec. (c)(4). struck out “expeditious and” before “inexpensive”.
Pub. L. 96–82, § 2(2)1979—Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).
Pub. L. 96–82, § 2(1)Subsecs. (d) to (g). , redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Pub. L. 95–1441977—Subsec. (f). added subsec. (f).
Pub. L. 94–5771976—Subsec. (b). completely revised provisions under which additional duties may be assigned to a United States Magistrate by allowing, among other additional duties, the assignment of pretrial matters, dispositive motions, and service as a special master.
Pub. L. 92–239, § 21972—, substituted “Jurisdiction, powers, and temporary assignment” for “Jurisdiction and powers” in section catchline.
Pub. L. 92–239, § 1Subsec. (e). , added subsec. (e).
Pub. L. 90–5781968— substituted provisions declaratory of jurisdiction and powers of United States magistrates for prior provisions respecting rendition of accounts by United States commissioners.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of this titleWords “magistrate judge”, “magistrate judge’s”, and “magistrate judges” substituted for “magistrate”, “magistrate’s”, and “magistrates”, respectively, wherever appearing in text pursuant to , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–16section 7 of Pub. L. 111–16section 109 of Title 11Amendment by effective , see , set out as a note under , Bankruptcy.
Effective Date of 1988 Amendments
section 404(b)(1) of Pub. L. 100–702section 407 of Pub. L. 100–702section 2071 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 100–659section 9 of Pub. L. 100–659section 377 of this titleAmendment by effective , and applicable to bankruptcy judges and magistrate judges who retire on or after , with exception for bankruptcy judges and magistrate judges retiring on or after , see , as amended, set out as an Effective Date note under .
Effective Date of 1986 Amendment
Pub. L. 99–651section 203 of Pub. L. 99–651section 155 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of this titleAmendment by not applicable to cases pending on , see , set out as an Effective Date note under .
Effective Date of 1968 Amendment
Pub. L. 90–578Pub. L. 90–578section 403 of Pub. L. 90–578section 631 of this titleAmendment by effective , except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of on , see , set out as a note under .