Indiana Code 33-28-5-21. Motion to stay proceedings or dismiss indictment for failure to comply with chapter
(1) in a civil case move to stay the proceedings; and
Terms Used In Indiana Code 33-28-5-21
- 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,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- jury administrator: means the court administrator, the county clerk, or other clerical personnel appointed by a supervising judge to administer the jury assembly process. See Indiana Code 33-28-5-3
- Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
(A) to dismiss the indictment (if the case has been brought by indictment);
(B) to stay the proceedings; or
(C) for other appropriate relief;
on the ground of substantial failure to comply with this chapter in selecting the prospective grand or petit jurors.
(b) Upon a motion filed under subsection (a) containing a sworn statement of facts that, if true, would constitute a substantial failure to comply with this chapter, the moving party may present evidence in support of the motion.
(c) If the court determines that in selecting either a grand jury or a petit jury there has been a substantial failure to comply with this chapter, the court:
(1) shall stay the proceedings pending the selection of the jury in conformity with this chapter; and
(2) may dismiss an indictment (if the case was brought by indictment) or grant other appropriate relief.
(d) The procedures required by this section are the exclusive means by which the state, a person accused of an offense, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.
(e) The parties to the case may inspect, reproduce, and copy the records or papers of the jury administrator at all reasonable times during the preparation and pendency of a motion under subsection (a).
[Pre-2004 Recodification Citation: 33-4-11-21.]
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.17.