This term is used in Federal Ruleof Criminal Procedure 42(b) dealing with indirect criminalcontempts.In proceedings for indirect contempt, due process of lawrequires that the accused be given notice of the charge and areasonable opportunity to meet it by way of defense orexplanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So.2d 509(1946); State ex rel. Geary v. Kelly, 137 So.2d 262,263 (Fla.3d DCA 1962).The petition (affidavit is used here) must be filed by someonehaving actual knowledge of the facts and must be under oath.Phillips v. State, 147 So.2d 163 (Fla.3d DCA 1962); see alsoCroft v. Culbreath, 150 Fla. 60, 6 So.2d 638 (1942); Ex parteBiggers, 85 Fla. 322, 95 So. 763 (1923).(2)Motions; Answer.The appellate courts of Florida,while apparently refraining from making motions and answersindispensable parts of the procedure, seem to regard them withfavor in appropriate situations.

In proceedings for indirect contempt, due process of law requires that the accused be given notice of the charge and a reasonable opportunity to meet it by way of defense or explanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So.2d 509; State ex rel. Geary v. Kelly, 137 So.2d 262, 263 (Fla.App. 1962). The petition (affidavit is used here) must be filed by someone having actual knowledge of the facts and must be under oath.

In addition, the accused is to be afforded many of the protections provided in criminal cases, including the presumption of innocence until proven guilty beyond a reasonable doubt. See, In the Interest of S.L.T., Fla.App. 1965, 180 So.2d 374. Additionally, in State ex. rel. Geary v. Kelly, Fla.App. 1962, 137 So.2d 262, an indirect criminal contempt proceeding, the court held that the accused was entitled to citation and hearing and his sentence without citation and hearing was unlawful as a deprivation of his constitutional rights. In the case of Fisher v. State, Fla. 1971, 248 So.2d 479, the Supreme Court of Florida held that in view of the summary nature of the procedures in direct criminal contempts, any doubt as to the category in which the allegedly contemptuous act falls should be resolved in favor of the contemnor.

In proceedings for indirect or constructive contempt, due process of law requires that the accused be given notice of the charge and a reasonable opportunity to meet it by way of defense or explanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So.2d 509, 518; State ex rel. Geary v. Kelly, Fla.App. 1962, 137 So.2d 262, 263. Petitioner raises other points in his petition, but we shall not deal with them, inasmuch as the petitioner is being discharged and released from the custody of the respondent for the reasons above expressed.

PER CURIAM. Another aspect of this case was before us in State of Florida, ex rel. Geary v. Kelly, Fla.App. 1962, 137 So.2d 262. This appeal is by William A. Geary who was found guilty of a charge of criminal contempt for discussing a cause in which he was a juror during the time that the court was in recess and against the admonition of the court. A citation was issued and served upon Geary directing him to appear for hearing before the court on the charge of "* * * violating the Court's orders not to discuss the case while you were sworn as a juror.