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Ind. Code § 35-37-3-3

Grant of use immunity; instruction of witness; contempt; perjury

Applied in 10 court decisions — leading case Sweeney v. State (1998)

Most recently applied in Christie Wilson v. State of Indiana (May 2013)

As added by Acts 1981, P.L.298, SEC.6

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in any criminal proceeding against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the prosecuting attorney. The court shall instruct the witness that the witness must answer the questions asked and produce the items requested.

(b) A grant of use immunity does not prohibit the use of evidence the witness has given in a prosecution for perjury under IC 35-44.1-2-1.

(c) If a witness refuses to give the evidence after the witness has been granted use immunity, the court may find the witness in contempt.

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