Indiana § 35-34-2-5 - Subpoenas; contents; failure to obey; contempt

Full text of Indiana Indiana Code § 35-34-2-5 — Subpoenas; contents; failure to obey; contempt, with citation guidance and answers to common questions.

§ 35-34-2-5. Subpoenas; contents; failure to obey; contempt

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.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 35-34-2-5

What does Indiana Code § 35-34-2-5 cover?

Section 35-34-2-5 ("Subpoenas; contents; failure to obey; contempt") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 35-34-2-5?

A common citation format is "Indiana Code § 35-34-2-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 35-34-2-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.