Sec. 4. (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.
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Terms Used In Indiana Code 34-47-2-4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(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.]
As added by P.L.1-1998, SEC.43.
