Indiana § 35-40-13-5 Guidelines for court when appointing representatives

Indiana Statutes

§ 35-40-13-5 — Guidelines for court when appointing representatives

Indiana § 35-40-13-5

Art. 40VICTIM RIGHTS

Ch. 13Inability to Exercise Rights; Designation of Others;

This text of Indiana § 35-40-13-5 (Guidelines for court when appointing representatives) 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 § 35-40-13-5 (2026).

Text

The court shall consider the following guidelines in appointing a person to represent an incompetent or deceased victim:

(1)Any conflict occasioned by the allegation of criminal conduct that substantially or adversely affected the person.

(2)The person's willingness and ability to do all of the following:

(A)Work with and accompany the victim through all proceedings, including criminal, civil, and dependency proceedings.

(B)Communicate with the victim.

(C)Express the concerns of the victim to those authorized to come in contact with the victim as a result of the proceedings.

(3)The person's training, if any, to serve as a representative of the incompetent victim.

(4)The likelihood of the person being called as a witness in the criminal case involving the incompetent victim.

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The court shall consider the following
guidelines in appointing a person to represent an incompetent or
deceased victim:
(1) Any conflict occasioned by the allegation of criminal conduct
that substantially or adversely affected the person.
(2) The person's willingness and ability to do all of the following:
(A) Work with and accompany the victim through all
proceedings, including criminal, civil, and dependency
proceedings.
(B) Communicate with the victim.
(C) Express the concerns of the victim to those authorized to
come in contact with the victim as a result of the proceedings.
(3) The person's training, if any, to serve as a representative of the
incompetent victim.
(4) The likelihood of the person being called as a witness in the
criminal case involving the incompetent victim.