Indiana § 34-47-3-8 Contempt of supreme or appellate courts; special commissioner;
selection, powers, and duties

Indiana Statutes

§ 34-47-3-8 — Contempt of supreme or appellate courts; special commissioner; selection, powers, and duties

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 47 CONTEMPT OF COURT·Ch. 3 Indirect Contempt of Court

(a)Except as provided in subsection (b), this section applies to all cases of indirect contempt of the supreme court or the court of appeals.

(b)This section does not apply to indirect contempt growing out of willfully resisting, hindering, delaying, or disobeying any lawful process or order of court.

(c)The court against which the alleged contempt has been committed shall, at the time the rule to show cause is issued, nominate three (3) competent and disinterested persons, each of whom shall be an available judge or member of the Indiana bar, to be submitted to the parties in the action, from which the state, by the attorney general, and the defendant shall immediately strike off one (1) name each.

(d)The court shall appoint the person who remains unchallenged under subsection (c) a s

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(a) Except as provided in subsection (b), this
section applies to all cases of indirect contempt of the supreme court
or the court of appeals.
(b) This section does not apply to indirect contempt growing out of
willfully resisting, hindering, delaying, or disobeying any lawful
process or order of court.
(c) The court against which the alleged contempt has been
committed shall, at the time the rule to show cause is issued, nominate
three (3) competent and disinterested persons, each of whom shall be
an available judge or member of the Indiana bar, to be submitted to the
parties in the action, from which the state, by the attorney general, and
the defendant shall immediately strike off one (1) name each.
(d) The court shall appoint the person who remains unchallenged
under subsection (c) a special commissioner of the court, who shall:
(1) hear the evidence in the cause; and
(2) report in writing to the court:
(A) findings as to the guilt or innocence of the cited person; and
(B) recommendations for punishment of the cited person, if the
person is found guilty of contempt as charged.
(e) A report prepared under subsection (d) shall be filed with the
clerk and entered on the minutes of the court.
(f) The appointed special commissioner shall qualify by accepting
the appointment and taking the same oath as a regularly qualified
judge, if the special commissioner is not a regularly qualified judge.
The appointment and oath shall be filed with the clerk and entered on
the minutes of the court.
(g) The special commissioner appointed under subsection (d):
(1) has full authority to examine the parties in the cause, upon
oath, concerning all matters contained in the citation for
contempt;
(2) may require the production of all books, writings, records, and
other documents applicable;
(3) may examine under oath all witnesses produced by the parties
and compel their attendance at the hearings of the cause; and
(4) may do all other acts and direct all other inquiries and
proceedings in the matter necessary and proper to the justice and
merits of the cause and the rights of the parties.
[Pre-1998 Recodification Citation: 34-4-8-2.]

Indiana § 34-47-3-8 (Contempt of supreme or appellate courts; special commissioner; selection, powers, and duties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.