Sec. 8. (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.

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Terms Used In Indiana Code 34-47-3-8

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
     (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.]

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

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