Indiana Code 23-2.5-11-7. Immunity of witness
(b) The court described in subsection (a) shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.
Terms Used In Indiana Code 23-2.5-11-7
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
(d) Upon written request of the commissioner under subsection (c), the court shall grant use immunity to the witness and instruct the witness, by written order or in open court, that:
(1) any evidence the witness gives, or evidence derived from the evidence given, may not be used in a criminal proceeding against the witness, unless the evidence is volunteered by the witness or is not responsive to a question; and
(2) the witness must answer the questions asked and produce the items requested.
(e) A grant of use immunity under this section does not prohibit evidence that the witness gives in a hearing, investigation, or inquiry from being used in a prosecution for perjury under IC 35-44.1-2-1.
(f) If a witness refuses to give evidence after the witness has been granted use immunity, the court may find the witness in contempt.
As added by P.L.175-2019, SEC.2.