Indiana Code 35-34-2-6. Motion to quash subpoena duces tecum; use immunity
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Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall:
(2) at the conclusion of the hearing, enter findings in support of its ruling.
(1) promptly conduct a hearing on the motion; and
Terms Used In Indiana Code 35-34-2-6
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Target: means a person who has been charged by information for an offense the grand jury is investigating, or who is a subject of the grand jury investigation. See Indiana Code 35-34-2-1
(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in accordance with section 8 of this chapter. Upon request by the prosecuting attorney, the court shall grant use immunity to the target and order him to comply with the subpoena.
As added by Acts 1981, P.L.298, SEC.3.