Indiana Code
Ind. Code § 34-47-2-2 (2025)
Witnesses
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 2. Every person who:
(1) is sworn to testify as a witness, in any trial or proceeding, in any court of record, and refuses to testify in the trial or proceeding;
(2) is required by any court to be sworn in any trial or proceeding, and refuses to take an oath or affirmation; or
(3) while upon the witness stand, is purposely so demeaning as to retard or disturb the proceedings of the court;
is considered guilty of a direct contempt of court.
[Pre-1998 Recodification Citation: 34-4-7-2.]
As added by P.L.1-1998, SEC.43.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2005–2024 · leading case: Fowler v. State, 829 N.E.2d 459 (Ind. 2005).
Fowler v. State, 829 N.E.2d 459 (Ind. 2005). “Indiana Code section 34-47-2-2(1) (2004) provides: "Every person who .”
Downs v. State, 827 N.E.2d 646 (Ind. Ct. App. 2005). “Hence, on that date, the court issued an order, under cause number 27COI-08304-MR-81, finding Downs to be in direct criminal contempt pursuant to Indiana Code Section 34-47-2-2(1). Noting that the direct contempt brought confusion to the State's presentation of its case against…”
Michael Leroy Tunis v. State of Indiana, 129 N.E.3d 258 (Ind. Ct. App. 2019). “" Ind. Code § 34-47-2-2 (1). Though specified by statute, the power of courts to summarily punish for direct criminal contempt rests upon the common law and is inherent in the courts.”
Bryan Wesolek v. Dana Wesolek (mem. dec.), No. 18A-DR-2419 (Ind. Ct. App. Aug. 29, 2019). “The procedural requirements for finding direct contempt are codified in Indiana Code section 34-47-2-2, which in relevant part provides: Every person who: (1) is sworn to testify as a witness, in any trial or proceeding, in any court of record, and refuses to testify in the…”
C K v. State of Indiana, No. 23A-JM-02671 (Ind. Ct. App. Apr. 24, 2024). “committed direct criminal contempt, which is governed by Indiana Code section 34-47-2-2 and which provides that “[e]very person who [] while upon the witness stand, is purposely so demeaning as to retard or disturb the proceedings of the court; is considered guilty of direct…”
Laura Faulkenburg v. State of Indiana, No. 22A01-1405-CR-211 (Ind. Ct. App. Oct. 10, 2014). “Ind. Code § 34-47-2-2 . “Contempt proceedings may be generally categorized as civil or criminal, according to the nature and purpose of the sanction imposed.”
Ind. Code § 34-47-2-2(1): 2 cases
Fowler v. State, 829 N.E.2d 459 (Ind. 2005). “Indiana Code section 34-47-2-2(1) (2004) provides: "Every person who .”
Downs v. State, 827 N.E.2d 646 (Ind. Ct. App. 2005). “Hence, on that date, the court issued an order, under cause number 27COI-08304-MR-81, finding Downs to be in direct criminal contempt pursuant to Indiana Code Section 34-47-2-2(1). Noting that the direct contempt brought confusion to the State's presentation of its case against…”
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