Indiana § 23-2.5-11-7 Immunity of witness

Indiana Statutes

§ 23-2.5-11-7 — Immunity of witness

Indiana § 23-2.5-11-7

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 2.5LOAN BROKERS

Ch. 11Violations and Civil Enforcement

This text of Indiana § 23-2.5-11-7 (Immunity of witness) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 23-2.5-11-7 (2026).

Text

(a)If a witness, in a hearing, an inquiry, or an investigation conducted under this article, refuses to answer a question or produce an item, the commissioner may file a written petition with the circuit or superior court in the county where the hearing, investigation, or inquiry is conducted requesting a hearing on the refusal.

(b)The court described in subsection (a) shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.

(c)If the court described in subsection (a) determines that the witness, based upon the witness's privilege against self-incrimination, may properly refuse to answer or produce an item, the commissioner may make a written request that the court grant use immunity to the witness.

(d)Upon written request of the commissio

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(a) If a witness, in a hearing, an inquiry, or
an investigation conducted under this article, refuses to answer a
question or produce an item, the commissioner may file a written
petition with the circuit or superior court in the county where the
hearing, investigation, or inquiry is conducted requesting a hearing on
the refusal.
(b) The court described in subsection (a) shall hold a hearing to
determine if the witness may refuse to answer the question or produce
the item.
(c) If the court described in subsection (a) determines that the
witness, based upon the witness's privilege against self-incrimination,
may properly refuse to answer or produce an item, the commissioner
may make a written request that the court grant use immunity to the
witness.
(d) Upon written request of the commissioner under subsection (c),
the court shall grant use immunity to the witness and instruct the
witness, by written order or in open court, that:
(1) any evidence the witness gives, or evidence derived from the
evidence given, may not be used in a criminal proceeding against
the witness, unless the evidence is volunteered by the witness or
is not responsive to a question; and
(2) the witness must answer the questions asked and produce the
items requested.
(e) A grant of use immunity under this section does not prohibit
evidence that the witness gives in a hearing, investigation, or inquiry
from being used in a prosecution for perjury under IC 35-44.1-2-1.
(f) If a witness refuses to give evidence after the witness has been
granted use immunity, the court may find the witness in contempt.