Indiana § 35-37-5-2 Subpoena; issuance; service; proof of service; fees; contempt of court

Indiana Statutes

§ 35-37-5-2 — Subpoena; issuance; service; proof of service; fees; contempt of court

Indiana § 35-37-5-2

Art. 37TRIAL PROCEDURE

Ch. 5Uniform Act to Secure the Attendance of Witnesses

This text of Indiana § 35-37-5-2 (Subpoena; issuance; service; proof of service; fees; contempt of court) 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 § 35-37-5-2 (2026).

Text

(a)At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state. When permitted by the laws of the United States, this or another state, or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in accordance with such law.

(b)Every subpoena shall:

(1)be issued by the clerk under the seal of the court;

(2)state the name of the court and the title of the action;

(3)command each person to whom it is directed to attend and give testimony at a specified time and place; and

(4)be signed by the clerk. The clerk shall issue a subpoena, or

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(a) At the request of the state or a defendant,
subpoenas for attendance at a hearing or trial shall be issued by the
clerk of the court of the county in which the hearing or trial is to be
held. A subpoena may be served at any place within the state. When
permitted by the laws of the United States, this or another state, or
foreign country, the court upon proper application and cause shown
may authorize the service of a subpoena outside the state in accordance
with such law.
(b) Every subpoena shall:
(1) be issued by the clerk under the seal of the court;
(2) state the name of the court and the title of the action;
(3) command each person to whom it is directed to attend and
give testimony at a specified time and place; and
(4) be signed by the clerk.
The clerk shall issue a subpoena, or a subpoena for the production of
documentary evidence, signed and sealed but otherwise in blank, to a
party requesting it or his attorney, who shall fill it in before service.
(c) A subpoena may also command the person to whom it is directed
to produce the books, papers, documents, or tangible things designated
therein. The court, upon motion made at or before the time specified in
the subpoena for compliance, may:
(1) quash or modify the subpoena if it is unreasonable and
oppressive; or
(2) condition denial of the motion upon the advancement by the
person in whose behalf the subpoena is issued of the reasonable
costs of producing the books, papers, documents, or tangible
things.
(d) A subpoena may be served by any person. Service of a subpoena
upon a person shall be made in the same manner as provided in the
Indiana Rules of Trial Procedure.
(e) When a subpoena is served by the sheriff or his deputy, his
return shall be proof of service. When served by any other person, the
service must be shown by affidavit. No fees or costs for the service of
a subpoena shall be collected or charged as costs except when service
is made by the sheriff or his deputy.
(f) Fees need not be first paid or tendered in order to compel the
attendance of witnesses in a criminal proceeding.
(g) Failure by any person without adequate excuse to obey a
subpoena served upon him may be deemed a contempt of:
(1) the court from which the subpoena is issued; or
(2) the court of the county where the witness was required to
appear or act.
When duly subpoenaed, the attendance of all witnesses may be
enforced by attachment.