Contempt Of Court Pdf

Civil Contempt Under Section 2 (b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal Contempt Under Section 2 (c). ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT Judicial Council of California FL-410 Rev. January 1, 2015 NOTICE! A contempt proceeding is criminal in nature. If the court finds you in contempt, the possible penalties include jail sentence, community service, and fine. You are entitled to the services of an attorney, who should be.

IC 34-47-3
Chapter 3. Indirect Contempt of Court

IC 34-47-3-1
Disobedience of process
Sec. 1. A person who is guilty of any willful disobedience of anyprocess, or any order lawfully issued:
(1) by any court of record, or by the proper officer of the court;
(2) under the authority of law, or the direction of the court; and
(3) after the process or order has been served upon the person;
is guilty of an indirect contempt of the court that issued the processor order.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-2
Resisting or delaying process
Sec. 2. A person who willfully resists, hinders, or delays theexecution of any lawful process, or order of any court of record isguilty of an indirect contempt of court.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-3
Assaulting, influencing, or intimidating witnesses
Sec. 3. A person:
(1) who:
(A) offers, gives, or promises any reward to;
(B) threatens to assault or injure;
(C) assaults or beats; or
(D) in any other manner influences, intimidates, or attemptsto influence;
any witness to give or abstain from giving testimony in anycase, or to abstain from attending as a witness in any case;
(2) who does any act to put a witness in fear, on account of anytestimony that the witness may have given; or
(3) who, on account of any testimony, injures or threatens toinjure a witness;
is guilty of an indirect contempt of the court in which such witnessmay be called to testify, if the acts are done elsewhere, out of thepresence of the court.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-4
False or inaccurate reporting of case or proceeding
Sec. 4. (a) A person who falsely makes, utters, or publishes anyfalse or grossly inaccurate report of any case, trial, or proceeding, orpart of any case, trial, or proceeding is considered guilty of anindirect contempt of the court in which the case, trial, or proceedingwas instituted, held, or determined, if made at any time:
(1) after the proceeding commenced;
(2) while the proceeding is pending; (3) while the court has jurisdiction; and
(4) before the proceeding is fully determined and ended.
(b) If a report described in subsection (a) is made:
(1) pending the case, trial, or proceeding; and
(2) concerning any ruling or order of the court;
the person is considered guilty of an indirect contempt of the courtmaking the ruling or order.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-5
Service of rule upon defendant; procedure
Sec. 5. (a) In all cases of indirect contempts, the person chargedwith indirect contempt is entitled:
(1) before answering the charge; or
(2) being punished for the contempt;
to be served with a rule of the court against which the contempt wasalleged to have been committed.
(b) The rule to show cause must:
(1) clearly and distinctly set forth the facts that are alleged toconstitute the contempt;
(2) specify the time and place of the facts with reasonablecertainty, as to inform the defendant of the nature andcircumstances of the charge against the defendant; and
(3) specify a time and place at which the defendant is requiredto show cause, in the court, why the defendant should not beattached and punished for such contempt.
(c) The court shall, on proper showing, extend the time providedunder subsection (b)(3) to give the defendant a reasonable and justopportunity to be purged of the contempt.
(d) A rule provided for under subsection (b) may not issue untilthe facts alleged to constitute the contempt have been:
(1) brought to the knowledge of the court by an information;and
(2) duly verified by the oath of affirmation of some officers ofthe court or other responsible person.
As added by P.L.1-1998, SEC.43.

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IC 34-47-3-6
Proceedings and appeal
Sec. 6. (a) If the defendant:
(1) fails to appear in court at the time and place specified in therule provided for in section 5 of this chapter, to answer the rule;or
(2) appears in court, but fails or refuses to answer concerningthe alleged contempt;
the court may proceed at once, and without any further delay, toattach 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 donot 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 nocontempt has been committed, the court may proceed to attach andpunish 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 appealto the court of appeals in the same manner as in cases of directcontempt.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-7
Special judge; selection, powers, and duties
Sec. 7. (a) Except as provided in subsection (b), this sectionapplies to all cases of indirect contempt of courts of this state, otherthan the supreme court or the court of appeals.
(b) This section does not apply to indirect contempts growing outof willfully resisting, hindering, delaying, or disobeying any lawfulprocess or order of court.
(c) The court against which the alleged contempt was committedshall, at the time the rule to show cause is issued, nominate three (3)competent and disinterested persons, each of whom shall be anavailable judge or member of the Indiana bar, to be submitted to theparties in the action, from which the state, by the prosecutingattorney, and the defendant shall immediately strike off one (1) nameeach.
(d) The court shall appoint the person who remains unchallengedunder subsection (c) to preside in the cause as special judge.
(e) If the prosecuting attorney, the defendant, or the defendant'sattorney refuse to strike off the names under subsection (c), then theclerk of the court shall strike for them.
(f) If the person appointed under subsection (d) is an attorney andnot a regular judge, and if that person consents to serve, the personshall be qualified as other judges. The person's appointment and oathshall be filed with the clerk and entered on the order book of thecourt. The appointed person may hear and determine the cause untilthe cause is disposed of.
As added by P.L.1-1998, SEC.43.

IC 34-47-3-8
Contempt of supreme or appellate courts; special commissioner;selection, powers, and duties
Sec. 8. (a) Except as provided in subsection (b), this sectionapplies to all cases of indirect contempt of the supreme court or thecourt of appeals.
(b) This section does not apply to indirect contempt growing out

of willfully resisting, hindering, delaying, or disobeying any lawfulprocess or order of court.
(c) The court against which the alleged contempt has beencommitted shall, at the time the rule to show cause is issued,nominate three (3) competent and disinterested persons, each ofwhom shall be an available judge or member of the Indiana bar, to besubmitted to the parties in the action, from which the state, by theattorney general, and the defendant shall immediately strike off one(1) name each.
(d) The court shall appoint the person who remains unchallengedunder 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, ifthe person is found guilty of contempt as charged.
(e) A report prepared under subsection (d) shall be filed with theclerk and entered on the minutes of the court.
(f) The appointed special commissioner shall qualify by acceptingthe appointment and taking the same oath as a regularly qualifiedjudge, if the special commissioner is not a regularly qualified judge.The appointment and oath shall be filed with the clerk and entered onthe minutes of the court.
(g) The special commissioner appointed under subsection (d):
(1) has full authority to examine the parties in the cause, uponoath, concerning all matters contained in the citation forcontempt;
(2) may require the production of all books, writings, records,and other documents applicable;
(3) may examine under oath all witnesses produced by theparties and compel their attendance at the hearings of the cause;and
(4) may do all other acts and direct all other inquiries andproceedings in the matter necessary and proper to the justiceand merits of the cause and the rights of the parties.
As added by P.L.1-1998, SEC.43.