Indiana § 35-35-2-1 Pleadings; motions, requisites, and answers

Indiana Statutes

§ 35-35-2-1 — Pleadings; motions, requisites, and answers

Indiana § 35-35-2-1

Art. 35PLEADING AND PROCEDURE

Ch. 2Pleadings

This text of Indiana § 35-35-2-1 (Pleadings; motions, requisites, and answers) 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 § 35-35-2-1 (2026).

Text

(a)Pleadings in criminal proceedings are:

(1)an indictment;

(2)an information; and

(3)pleas of:

(A)not guilty;

(B)guilty; and

(C)guilty but mentally ill at the time of the crime. Defenses and objections raised before trial which, before July 26, 1973, could have been raised by a plea in abatement, a plea in bar, a demurrer, a motion to quash, or any other plea not specifically allowed under this subsection may be raised only by motion to dismiss or to grant appropriate relief as provided in this title.

(b)Except as provided in this title, an application to the court for an order must be by motion. A motion other than one made during a trial or hearing must be in writing unless the court permits it to be made orally. It must state the grounds upon which it is made and set forth the

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(a) Pleadings in criminal proceedings are:
(1) an indictment;
(2) an information; and
(3) pleas of:
(A) not guilty;
(B) guilty; and
(C) guilty but mentally ill at the time of the crime.
Defenses and objections raised before trial which, before July 26, 1973,
could have been raised by a plea in abatement, a plea in bar, a
demurrer, a motion to quash, or any other plea not specifically allowed
under this subsection may be raised only by motion to dismiss or to
grant appropriate relief as provided in this title.
(b) Except as provided in this title, an application to the court for an
order must be by motion. A motion other than one made during a trial
or hearing must be in writing unless the court permits it to be made
orally. It must state the grounds upon which it is made and set forth the
relief or order sought. It may be supported by affidavit.
(c) Except as provided in this title, whenever the defendant files a
motion, the state may file an answer to that motion. If no answer is filed
by the state, all issues of fact and law raised by the motion stand at
issue and the court shall proceed.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts
1982, P.L.204, SEC.26.