Sec. 7. (a) If a witness before the
grand jury refuses to
answer any question or produce any item, the prosecutor may inform the court,
in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witness is required to answer the question or produce the item and the witness shall be informed immediately of the court’s decision.
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Terms Used In Indiana Code 35-34-2-7
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(b) If the court determines that the witness must answer the question or produce the item and the witness continues to refuse, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.
(c) If the court determines that the witness may properly refuse to answer a question or produce an item based upon his privilege against self-incrimination, the prosecutor may request the court to grant use immunity to the witness under section 8 of this chapter.
As added by Acts 1981, P.L.298, SEC.3.