Mine Workers v. Bagwell, 512 U.S. 821, 13 (1994)

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Cite as: 512 U. S. 821 (1994)

Opinion of the Court

or hearing of any kind is necessary to preserve order and enable [the court] to proceed with its business," id., at 498, particularly "in view of the heightened potential for abuse posed by the contempt power," id., at 500; see also Harris v. United States, 382 U. S., at 164-165. Direct contempts also cannot be punished with serious criminal penalties absent the full protections of a criminal jury trial. Bloom, 391 U. S., at 210.

Still further procedural protections are afforded for contempts occurring out of court, where the considerations justifying expedited procedures do not pertain. Summary adjudication of indirect contempts is prohibited, e. g., Cooke v. United States, 267 U. S. 517, 534 (1925), and criminal contempt sanctions are entitled to full criminal process, e. g., Hicks, 485 U. S., at 632. Certain indirect contempts nevertheless are appropriate for imposition through civil proceedings. Contempts such as failure to comply with document discovery, for example, while occurring outside the court's presence, impede the court's ability to adjudicate the proceedings before it and thus touch upon the core justification for the contempt power. Courts traditionally have broad authority through means other than contempt—such as by striking pleadings, assessing costs, excluding evidence, and entering default judgment—to penalize a party's failure to comply with the rules of conduct governing the litigation process. See, e. g., Fed. Rules Civ. Proc. 11, 37. Such judicial sanctions never have been considered criminal, and the imposition of civil, coercive fines to police the litigation process appears consistent with this authority. Similarly, indirect contempts involving discrete, readily ascertainable acts, such as turning over a key or payment of a judgment, properly may be adjudicated through civil proceedings since the need for extensive, impartial factfinding is less pressing.

For a discrete category of indirect contempts, however, civil procedural protections may be insufficient. Contempts involving out-of-court disobedience to complex injunctions

833

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