§ 35-37-3-1 — Refusal of witness to answer or produce item; hearing; decision on right to refuse

(a) If a witness, in any hearing or trial
occurring after an indictment or information has been filed, refuses to
answer any question or produce any item, the court shall remove the
jury, if one is present, and immediately conduct a hearing on the
witness's refusal. After such a hearing, the court shall decide whether
the witness is required to answer the question or produce the item.
(b) If the prosecuting attorney has reason to believe that a witness
will refuse to answer a question or produce an item during any criminal
trial, the prosecuting attorney may submit the question or request to the
trial court. The court shall hold a hearing to determine if the witness
may refuse to answer the question or produce the item.
As added by Acts 1981, P.L.298, SEC.6.