Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury shall be issued by the clerk upon the request of the grand jury or prosecuting attorney. The subpoena must contain a statement of the general nature of the grand jury inquiry.

     (b) If the subpoena is issued to a target, the subpoena shall also contain a statement informing the target that:

Terms Used In Indiana Code 35-34-2-5

  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
(1) he is a subject of the grand jury investigation;

(2) he has the right to consult with an attorney and to be assisted by an attorney under section 13 of this chapter; and

(3) if he cannot afford an attorney, the court inpaneling the grand jury will appoint one for him, upon request.

     (c) If a witness fails to appear at the time and place stated in the subpoena, the court may hold him in contempt of court, unless he had filed a motion to quash the subpoena and the motion has been granted or was pending at the time he was to have appeared.

As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.320-1983, SEC.15; P.L.170-1984, SEC.2.

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