An Indiana Subpoena — Hearing (Criminal Case) is an official court proceeding used by the court to obtain evidence in a criminal case. The subpoena is issued by a judge and requires a witness to appear in court to provide testimony or to produce documents or records. There are two types of hearings that can be conducted through a subpoena: an evidentiary hearing, which is used to determine whether the evidence presented is admissible, and a sentencing hearing, which is used to determine the punishment for a criminal conviction. Both types of hearings are generally conducted in open court and are presided over by a judge.
Indiana Subpoena - Hearing (Criminal Case)
State:
Indiana
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IN-AO-89CR
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Subpoena - Hearing (Criminal Case)
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FAQ
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome.
(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or
In fact, under Indiana Code § 35-41-4-2, murder and Level 1 and Level 2 felonies have no limitations period, meaning the prosecutor can bring the charges at any point after the commission of the offense.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C.
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.
