2025 Session
Last amended: 1986 session
§ 588.12 — Imprisonment Until Performance
Plain-Language Summary
When a person is held in contempt for failing to do something they are still able to do (such as paying court-ordered support or turning over documents), the court may jail them until they comply. This is sometimes called 'coercive' contempt because the person holds the keys to their own release.
588.12 IMPRISONMENT UNTIL PERFORMANCE.
When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it, and in such case the act shall be specified in the warrant of commitment.
History:
History: History: (9804) RL s 4650; 1986 c 444
Practical Notes
When this applies: When someone is held in contempt for failing to perform an act that is still within their power to perform, such as paying child support, producing documents, or complying with a court order. Who this affects: Anyone jailed for civil contempt who has the ability to comply with the court’s order. Key points: The person can be held in jail until they perform the required act; the specific act must be described in the commitment warrant; this is a coercive remedy, not a punishment – the person can end the incarceration by complying; this is commonly used in child support enforcement and discovery disputes; the person cannot be jailed if performance is genuinely impossible.