Indiana Statutes

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

Indiana § 35-37-3-1
JurisdictionIndiana
Art. 37TRIAL PROCEDURE
Ch. 3Witness Immunity

This text of Indiana § 35-37-3-1 (Refusal of witness to answer or produce item; hearing; decision on right to refuse) 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 § 35-37-3-1 (2026).

Text

(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.

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Related

Martin v. State
535 N.E.2d 493 (Indiana Supreme Court, 1989)
32 case citations
State v. Eubanks
729 N.E.2d 201 (Indiana Court of Appeals, 2000)
20 case citations
Tucker v. State
534 N.E.2d 1110 (Indiana Supreme Court, 1989)
15 case citations
In Re: Prosecutor's Subpoena Regarding S.H. and S.C. S.H. v. State of Indiana
984 N.E.2d 630 (Indiana Supreme Court, 2013)
14 case citations
Christie Wilson v. State of Indiana
988 N.E.2d 1211 (Indiana Court of Appeals, 2013)
12 case citations
Duso v. State
866 N.E.2d 321 (Indiana Court of Appeals, 2007)
11 case citations
In Re Kefalidis
714 N.E.2d 243 (Indiana Court of Appeals, 1999)
6 case citations
In Re: Prosecutor's Subpoena Regarding S.H. and S.C. S.H. v. State of Indiana
969 N.E.2d 1048 (Indiana Court of Appeals, 2012)
2 case citations
Arising out of Janiszewski v. Tonn & Blank, Inc.
714 N.E.2d 243 (Indiana Court of Appeals, 1999)
1 case citations
In Re Sh
969 N.E.2d 1048 (Indiana Court of Appeals, 2012)

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Bluebook (online)
Indiana § 35-37-3-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-37-3-1.