Indiana Code 34-25.5-5-1. Limitation on questioning legality of judgment or process
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Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases:
(2) Upon any process issued on a final judgment of a court of competent jurisdiction.
(1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction.
Terms Used In Indiana Code 34-25.5-5-1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(3) For any contempt of any court, officer, or body with authority to commit.
(4) Upon a warrant issued from the circuit court, superior court, or probate court upon an indictment or information.
(b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party.
[Pre-1998 Recodification Citation: 34-1-57-13.]
As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.157.