Sec. 16. (a) If the court is not in session, the officer making the arrest shall cause the person to enter into a written undertaking, with surety to be approved by the officer. The written undertaking must contain the person’s assurances to:

(1) personally appear in open court;

Terms Used In Indiana Code 34-26-1-16

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) answer the contempt; and

(3) pay to the plaintiff all damages and costs occasioned by the breach of the order.

     (b) In default of the provisions in subsection (a), the person shall be committed to the jail of the county, until the person enters into a written undertaking with surety, or is otherwise legally discharged.

[Pre-1998 Recodification Citation: 34-1-10-12.]

As added by P.L.1-1998, SEC.22.