Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date:

(1) must be set by the judicial officer at the initial hearing; and

Terms Used In Indiana Code 35-36-8-1

  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
(2) must be no earlier than forty-five (45) days and no later than seventy-five (75) days after the completion of the initial hearing, unless the prosecuting attorney and the defendant agree to a different date.

     (b) The purpose of the omnibus date is to establish a point in time from which various deadlines under this article are established. The court shall direct the clerk to notify the defendant and all counsel of record of the omnibus date.

     (c) The omnibus date for persons charged only with one (1) or more misdemeanors:

(1) must be set by the judicial officer at the completion of the initial hearing;

(2) must be no earlier than thirty (30) days (unless the defendant and the prosecuting attorney agree to an earlier date), and no later than sixty-five (65) days, after the initial hearing; and

(3) is the trial date.

     (d) Once the omnibus date is set, it remains the omnibus date for the case until final disposition, unless:

(1) the defendant requests a trial within time limits established by the Indiana rules of criminal procedure for early trial motions;

(2) subsequent counsel enters an appearance after the omnibus date and previous counsel withdrew or was removed due to:

(A) a conflict of interest; or

(B) a manifest necessity required that counsel withdraw from the case;

(3) the state has not complied with an order to compel discovery; or

(4) the prosecuting attorney and the defendant agree to continue the omnibus date.

As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.31; P.L.320-1983, SEC.22; P.L.314-1985, SEC.1.

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