Indiana Code 35-36-2-1. Time of filing
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Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court no later than:
(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;
(1) twenty (20) days if the defendant is charged with a felony; or
Terms Used In Indiana Code 35-36-2-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Insanity: refers to the defense set out in IC 35-41-3-6. See Indiana Code 35-36-1-1
- Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.29.