Current through P.L. 171-2024
Section 35-34-2-6 - Motion to quash subpoena duces tecum; use immunity(a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall: (1) promptly conduct a hearing on the motion; and(2) at the conclusion of the hearing, enter findings in support of its ruling.(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in accordance with section 8 of this chapter. Upon request by the prosecuting attorney, the court shall grant use immunity to the target and order him to comply with the subpoena.As added by Acts1981 , P.L. 298, SEC.3.