Legal Question in Civil Litigation in Louisiana

Civil contempt of court in front of federal judge

How long can a judge keep a man in jail for not being able to answer a question the judge thinks he knows the answer to but doesn't.


Asked on 2/23/98, 12:22 am

1 Answer from Attorneys

Lawrence (Larry) Hoffing New Orleans Law, LLC

Man In The Iron Mask

Are you familiar with the new movie out, Man In The Iron Mask, where one royal brother keeps another brother in jail for years sealed in an iron mask so no one will recognize him? In state criminal court, a judge has the power to imprison someone for not answering a non incrimination question when ordered to do so, for up to six months. In state civil court, an individual can be imprisoned until he p0eforms the act which is in his power to perform. The last time I read the federal law on this subject, 1993, a witness may be confined until such time as the witnes is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of the court proceeding or the term of the grand jury, including extensions. An appeal may be taken from an order of confinement, but bail need not be granted if it appears that the appeal is frivolous or taken for delay. Good luck.

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Answered on 3/23/98, 12:36 am


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