§ 34-47-2-4 — Trial procedure

Indiana § 34-47-2-4

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 47: CONTEMPT OF COURT
• Ch. 2: Direct Contempt of Court

Text

(a) Except as provided in subsection (b), when
a person is arraigned for a direct contempt in any court of record in
Indiana, no affidavit, charge in writing, or complaint is required to be
filed against the person.
(b) The court shall distinctly state the act, words, signs, gestures, or
other conduct of the defendant that is alleged to constitute the
contempt. The statement shall be reduced to writing either by:
(1) the judge making the statement; or
(2) by a reporter authorized by the judge to take down the
statement when the statement is made.
(c) A statement described in subsection (b), shall be substantially set
forth in the order of the court on the contempt, together with any
statement made in explanation, extenuation, or denial of the contempt,
which the defendant may make in response to the judge’s statement.
(d) The court shall pronounce judgment upon the statements set
forth under subsections (b) and (c), either:
(1) acquitting and discharging the defendant; or
(2) inflicting such punishment upon the defendant as may be
consistent with this chapter.
[Pre-1998 Recodification Citation: 34-4-7-7 part.]

Legislative History

As added by P.L.1-1998, SEC.43.