Indiana § 35-34-2-7 Witnesses; refusal to answer; compelling testimony

Indiana Statutes

§ 35-34-2-7 — Witnesses; refusal to answer; compelling testimony

Indiana·Art. 34 BRINGING CRIMINAL CHARGES·Ch. 2 Grand Jury and Special Grand Jury

(a)If a witness before the grand jury refuses to answer any question or produce any item, the prosecutor may inform the court, in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witness is required to answer the question or produce the item and the witness shall be informed immediately of the court's decision.

(b)If the court determines that the witness must answer the question or produce the item and the witness continues to refuse, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.

(c)If the court determines that the witness may properly refuse to answer a question or produce an item based upon his privilege against self-incrimination, the

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(a) If a witness before the grand jury refuses to
answer any question or produce any item, the prosecutor may inform
the court, in writing, of the question asked or item sought and the
reason given for the refusal. The court shall, after a hearing, decide
whether the witness is required to answer the question or produce the
item and the witness shall be informed immediately of the court's
decision.
(b) If the court determines that the witness must answer the question
or produce the item and the witness continues to refuse, he shall be
brought before the court and the court shall proceed as if the witness
had refused in open court.
(c) If the court determines that the witness may properly refuse to
answer a question or produce an item based upon his privilege against
self-incrimination, the prosecutor may request the court to grant use
immunity to the witness under section 8 of this chapter.
As added by Acts 1981, P.L.298, SEC.3.

Indiana § 35-34-2-7 (Witnesses; refusal to answer; compelling testimony) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.