Indiana § 35-37-2-3 Preliminary instructions; personal knowledge of material fact by juror;
disclosure; examination; excuse of juror or panel

Indiana Statutes

§ 35-37-2-3 — Preliminary instructions; personal knowledge of material fact by juror; disclosure; examination; excuse of juror or panel

Indiana § 35-37-2-3

Art. 37TRIAL PROCEDURE

Ch. 2Trial Proceedings

This text of Indiana § 35-37-2-3 (Preliminary instructions; personal knowledge of material fact by juror; disclosure; examination; excuse of juror or panel) 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 § 35-37-2-3 (2026).

Text

(a)As a part of the preliminary instructions, the court shall instruct the jurors that if a juror realizes, during the course of the trial, that he has personal knowledge of any fact material to the cause, he shall inform the bailiff that he believes he has this knowledge at the next recess or upon adjournment, whichever is sooner. The bailiff shall inform the court of the juror's belief, and the court shall examine the juror under oath in the presence of the parties and outside the presence of the other jurors concerning his personal knowledge of any material fact.

(b)If the court finds that the juror has personal knowledge of a material fact, the juror shall be excused and the court shall replace that juror with an alternate. If there is no alternate juror, then the court shall dischar

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

(a) As a part of the preliminary instructions, the
court shall instruct the jurors that if a juror realizes, during the course
of the trial, that he has personal knowledge of any fact material to the
cause, he shall inform the bailiff that he believes he has this knowledge
at the next recess or upon adjournment, whichever is sooner. The bailiff
shall inform the court of the juror's belief, and the court shall examine
the juror under oath in the presence of the parties and outside the
presence of the other jurors concerning his personal knowledge of any
material fact.
(b) If the court finds that the juror has personal knowledge of a
material fact, the juror shall be excused and the court shall replace that
juror with an alternate. If there is no alternate juror, then the court shall
discharge the jury without prejudice, unless the parties agree to submit
the cause to the remaining jurors.
As added by Acts 1981, P.L.298, SEC.6.