Applicability of article
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.
As added by P.L.1-1998, SEC.43.
&DNM.IC 34-58
&YENC.
&YAMD.
ARTICLE 58. SCREENING OF OFFENDER LITIGATION
&DNM.IC 34-58-1
&YENC.
&YAMD.
Chapter 1. Screening Procedure
&DNM.IC 34-58-1-1
&YENC.2004
&YAMD.2004
Action upon reciept of offender complaint
IC 34-58-1-1 Sec. 1. Upon receipt of a complaint or petition filed by
an offender, the court shall docket the case and take no further action
until the court has conducted the review required by section 2 of this
chapter.
&HST.As added by P.L.80-2004, SEC.6.&EHST.
&DNM.IC 34-58-1-2
&YENC.2004
&YAMD.2004
Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by
a person falsely claiming indigent status
IC 34-58-1-2 Sec. 2. (a) A court shall review a complaint or petition
filed by an offender and shall determine if the claim may proceed. A
claim may not proceed if the court determines that the claim:
(1) is frivolous;
(2) is not a claim upon which relief may be granted; or
(3) seeks monetary relief from a defendant who is immune from
liability for such relief.
(b) A claim is frivolous under subsection (a)(1) if the claim:
(1) is made primarily to harass a person; or
(2) lacks an arguable basis either in:
(A) law; or
(B) fact.
(c) A court shall dismiss a complaint or petition if:
(1) the offender who filed the complaint or petition received leave
to prosecute the action as an indigent person; and
(2) the court determines that the offender misrepresented the
offender's claim not to have sufficient funds to prosecute the
action.
&HST.As added by P.L.80-2004, SEC.6.&EHST.
&DNM.IC 34-58-1-3
&YENC.2004
&YAMD.2004
Order if claim barred
IC 34-58-1-3 Sec. 3. If a court determines that a claim may not
proceed under section 2 of this chapter, the court shall enter an order:
(1) explaining why the claim may not proceed; and
(2) stating whether there are any remaining claims in the
complaint or petition that may proceed.
&HST.As added by P.L.80-2004, SEC.6.&EHST.
&DNM.IC 34-58-1-4
&YENC.2004
&YAMD.2004
Duty of the clerk
IC 34-58-1-4 Sec. 4. The clerk of the court shall send an order
entered under section 3 of this chapter to:
(1) the offender;
(2) each defendant or respondent in the action;
(3) the department of correction, if the offender is incarcerated by
the department of correction;
(4) the sheriff of the county in which the inmate is incarcerated,
if the inmate is incarcerated in a county or city jail; and
(5) the attorney general.
&HST.As added by P.L.80-2004, SEC.6.&EHST.
Last modified: May 24, 2006