Indiana § 35-34-2-5 Subpoenas; contents; failure to obey; contempt

Indiana Statutes

§ 35-34-2-5 — Subpoenas; contents; failure to obey; contempt

Indiana § 35-34-2-5

Art. 34BRINGING CRIMINAL CHARGES

Ch. 2Grand Jury and Special Grand Jury

This text of Indiana § 35-34-2-5 (Subpoenas; contents; failure to obey; contempt) 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 § 35-34-2-5 (2026).

Text

(a)A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury shall be issued by the clerk upon the request of the grand jury or prosecuting attorney. The subpoena must contain a statement of the general nature of the grand jury inquiry.

(b)If the subpoena is issued to a target, the subpoena shall also contain a statement informing the target that:

(1)he is a subject of the grand jury investigation;

(2)he has the right to consult with an attorney and to be assisted by an attorney under section 13 of this chapter; and

(3)if he cannot afford an attorney, the court inpaneling the grand jury will appoint one for him, upon request.

(c)If a witness fails to appear at the time and place stated in the subpoena, the court may hold him in contempt o

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A subpoena duces tecum or subpoena ad
testificandum summoning a witness to appear before the grand jury
shall be issued by the clerk upon the request of the grand jury or
prosecuting attorney. The subpoena must contain a statement of the
general nature of the grand jury inquiry.
(b) If the subpoena is issued to a target, the subpoena shall also
contain a statement informing the target that:
(1) he is a subject of the grand jury investigation;
(2) he has the right to consult with an attorney and to be assisted
by an attorney under section 13 of this chapter; and
(3) if he cannot afford an attorney, the court inpaneling the grand
jury will appoint one for him, upon request.
(c) If a witness fails to appear at the time and place stated in the
subpoena, the court may hold him in contempt of court, unless he had
filed a motion to quash the subpoena and the motion has been granted
or was pending at the time he was to have appeared.
As added by Acts 1981, P.L.298, SEC.3. Amended by
P.L.320-1983, SEC.15; P.L.170-1984, SEC.2.