34-47-3-6. Proceedings and appeal

IN Code § 34-47-3-6 (2019) (N/A)

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Sec. 6. (a) If the defendant:

(1) fails to appear in court at the time and place specified in the rule provided for in section 5 of this chapter, to answer the rule; or

(2) appears in court, but fails or refuses to answer concerning the alleged contempt;

the court may proceed at once, and without any further delay, to attach and punish the defendant for contempt.

(b) If the defendant answers to the facts set forth in the rule by:

(1) showing that, even if the facts set forth are all true, they do not constitute a contempt of the court; or

(2) denying, or explaining, or confessing and avoiding the facts, so as to show that no contempt was intended;

the court shall acquit and discharge the defendant.

(c) If the defendant's answer to the rule does not sufficiently deny, explain, or avoid the facts set forth in the rule, so as to show that no contempt has been committed, the court may proceed to attach and punish the defendant for the contempt, by:

(1) fine;

(2) imprisonment; or

(3) both fine and imprisonment.

(d) A defendant who appeared to respond to the rule may appeal to the court of appeals in the same manner as in cases of direct contempt.

[Pre-1998 Recodification Citation: 34-4-7-9.]

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

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34-47-3-5. Service of rule upon defendant; procedure

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34-47-3-7. Special judge; selection, powers, and duties