Sec. 5. (a) If the defendant is found guilty of direct contempt under section 4 of this chapter (or IC 34-4-7-7 before its repeal), the defendant has the right to appeal the judgment of the court.

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Terms Used In Indiana Code 34-47-2-5

  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (b) In all cases where the defendant may be adjudged to pay a fine of at least fifty dollars ($50), or to be imprisoned for contempt, the defendant has the right, either before or after the payment of the fine, or undergoing the imprisonment, to move the court to reconsider its opinion and judgment of the case upon:

(1) the facts before the court; or

(2) the affidavits of any or all persons who were actually present and heard or saw the conduct that was alleged to have constituted the contempt.

     (c) If the defendant files a motion under subsection (b) and fails to present the affidavit of every person present in support of the motion, the court may direct the affidavits of all persons:

(1) who were present; and

(2) whose affidavits the defendant may have failed to procure;

 to be procured.

     (d) The defendant may move the court for:

(1) a new trial; and

(2) recision of the court’s judgment against the defendant;

upon all affidavits and the original statements of the court, and the defendant, concerning the contempt.

     (e) If the court overrules a motion filed by the defendant under subsection (d), the defendant may appeal as in other criminal actions.

     (f) In all cases described in this section, an appeal may be made to the court of appeals.

[Pre-1998 Recodification Citation: 34-4-7-7 part.]

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

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