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Ind. Code § 35-34-2-9

Right to testify before grand jury; target of investigation; notification; waiver of immunity; calling of witnesses

Applied in 1 court decision — leading case Holvoet v. State (1997)

Most recently applied in Holvoet v. State (December 1997)

As added by Acts 1981, P.L.298, SEC.3.

Sec. 9. (a) Except as provided by subsection (b) of this section, no person has a right to appear as a witness before the grand jury or to present any evidence or information to the grand jury.

(b) A target of a grand jury investigation shall be given the right to testify before the grand jury, provided he signs a waiver of immunity. The prosecuting attorney shall notify a target of his opportunity to testify unless:

(1) notification may result in flight or endanger other persons or obstruct justice; or

(2) the prosecutor is unable, with reasonable diligence, to notify him.

(c) The prosecuting attorney or grand jury may call as a witness in a grand jury proceeding any person believed to possess relevant information or knowledge.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.