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34-47-2-4. Trial procedure

IN Code § 34-47-2-4 (2019) (N/A)
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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.

(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.]

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

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