Sec. 9. (a) Except as provided by subsection (b) of this section, no person has a right to appear as a witness before the grand jury or to present any evidence or information to the grand jury.

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Terms Used In Indiana Code 35-34-2-9

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
  • Testify: Answer questions in court.
     (b) A target of a grand jury investigation shall be given the right to testify before the grand jury, provided he signs a waiver of immunity. The prosecuting attorney shall notify a target of his opportunity to testify unless:

(1) notification may result in flight or endanger other persons or obstruct justice; or

(2) the prosecutor is unable, with reasonable diligence, to notify him.

     (c) The prosecuting attorney or grand jury may call as a witness in a grand jury proceeding any person believed to possess relevant information or knowledge.

As added by Acts 1981, P.L.298, SEC.3.