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:
(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.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 34. Bringing Criminal Charges
Chapter 2. Grand Jury and Special Grand Jury
35-34-2-2. Number; Impaneling; Scope of Function and Authority; Convening
35-34-2-4. Conduct of Proceedings
35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt
35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney
35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity
35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony
35-34-2-8. Witnesses; Use Immunity
35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript
35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons
35-34-2-13. Extension of Term; Limitation