Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this state is necessary in any criminal proceeding, the subpoena shall be delivered or mailed to the official in charge of the institution.

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Terms Used In Indiana Code 35-37-5-3

  • State: includes any territory of the United States and the District of Columbia. See Indiana Code 35-37-5-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena: includes a summons in any state where a summons is used in lieu of a subpoena. See Indiana Code 35-37-5-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Witness: shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Indiana Code 35-37-5-1
     (b) The official in charge of the institution shall bring the witness named in the subpoena before the court at the time and place specified and hold him until he is discharged by the court. When so discharged, the witness shall be returned to the custody of such official and returned to the institution. The official in charge of the institution may request from the court issuing the subpoena such assistance as he deems proper for the safe transportation of the witness.

     (c) When such witness is in attendance upon any court, he may be placed, for safe-keeping, in the jail of the county or any other suitable place pursuant to an order of the court. The county in which the proceeding is pending shall pay the actual and necessary expense of producing, keeping, and returning such witness.

As added by P.L.311-1983, SEC.2.

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