Indiana § 35-36-8-1 - Omnibus date; setting; purpose; notice; time limits

§ 35-36-8-1. Omnibus date; setting; purpose; notice; time limits

Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date:

(1) must be set by the judicial officer at the initial hearing; and

(2) must be no earlier than forty-five (45) days and no later than seventy-five (75) days after the completion of the initial hearing, unless the prosecuting attorney and the defendant agree to a different date.

(b) The purpose of the omnibus date is to establish a point in time from which various deadlines under this article are established. The court shall direct the clerk to notify the defendant and all counsel of record of the omnibus date.

(c) The omnibus date for persons charged only with one (1) or more misdemeanors:

(1) must be set by the judicial officer at the completion of the initial hearing;

(2) must be no earlier than thirty (30) days (unless the defendant and the prosecuting attorney agree to an earlier date), and no later than sixty-five (65) days, after the initial hearing; and

(3) is the trial date.

(d) Once the omnibus date is set, it remains the omnibus date for the case until final disposition, unless:

(1) the defendant requests a trial within time limits established by the Indiana rules of criminal procedure for early trial motions;

(2) subsequent counsel enters an appearance after the omnibus date and previous counsel withdrew or was removed due to:

(A) a conflict of interest; or

(B) a manifest necessity required that counsel withdraw from the case;

(3) the state has not complied with an order to compel discovery; or

(4) the prosecuting attorney and the defendant agree to continue the omnibus date.

As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.31; P.L.320-1983, SEC.22; P.L.314-1985, SEC.1.