Applicability of Article

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Sec. 1. (a) Except as provided in subsection (b), (c), and IC 34-47-3-8, IC 34-47-2 and IC 34-47-3 apply to all proceedings for contempt in all courts of record in Indiana except the supreme court.

(b) Nothing in IC 34-47-2 and IC 34-47-3 shall be construed or held to embrace, limit, or control any proceeding against any officer or party for contempt for the enforcement of civil rights and remedies.

(c) IC 34-47-2 and IC 34-47-3 do not apply to any case where any person has been personally served with notice to appear and testify as a witness in any court in Indiana in any civil or criminal case. A court may proceed against a person who fails to appear as a witness for contempt of court:

(1) by attachment; and

(2) as though IC 34-47-2 and IC 34-47-3 were not in force.

The proceeding against an absent witness by attachment shall not cause a continuance of the case in which the witness was subpoenaed to testify.

[Pre-1998 Recodification Citation: 34-4-7-10.]

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


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