§ 33-28-5-21 — Motion to stay proceedings or dismiss indictment for failure to comply with chapter

Indiana § 33-28-5-21

• Jurisdiction: Indiana
• Art. 28: CIRCUIT COURTS
• Ch. 5: Circuit and Superior Court Jury Selection and Service

Text

(a) Not later than seven (7) days after a
moving party discovers or by the exercise of diligence could have
discovered grounds, but before a petit jury is sworn to try a case, a
party may:
(1) in a civil case move to stay the proceedings; and
(2) in a criminal case move:
(A) to dismiss the indictment (if the case has been brought by
indictment);
(B) to stay the proceedings; or
(C) for other appropriate relief;
on the ground of substantial failure to comply with this chapter in
selecting the prospective grand or petit jurors.
(b) Upon a motion filed under subsection (a) containing a sworn
statement of facts that, if true, would constitute a substantial failure to
comply with this chapter, the moving party may present evidence in
support of the motion.
(c) If the court determines that in selecting either a grand jury or a
petit jury there has been a substantial failure to comply with this
chapter, the court:
(1) shall stay the proceedings pending the selection of the jury in
conformity with this chapter; and
(2) may dismiss an indictment (if the case was brought by
indictment) or grant other appropriate relief.
(d) The procedures required by this section are the exclusive means
by which the state, a person accused of an offense, or a party in a civil
case may challenge a jury on the ground that the jury was not selected
in conformity with this chapter.
(e) The parties to the case may inspect, reproduce, and copy the
records or papers of the jury administrator at all reasonable times
during the preparation and pendency of a motion under subsection (a).
[Pre-2004 Recodification Citation: 33-4-11-21.]

Legislative History

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.17.