IC 35-36-8
    Chapter 8. Omnibus Date, Pretrial Hearing, and PretrialConference

IC 35-36-8-1
Omnibus date; setting; purpose; notice; time limits
    Sec. 1. (a) This subsection applies to persons charged with afelony. 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 thanseventy-five (75) days after the completion of the initialhearing, unless the prosecuting attorney and the defendant agreeto a different date.
    (b) The purpose of the omnibus date is to establish a point in timefrom which various deadlines under this article are established. Thecourt shall direct the clerk to notify the defendant and all counsel ofrecord of the omnibus date.
    (c) The omnibus date for persons charged only with one (1) ormore misdemeanors:
        (1) must be set by the judicial officer at the completion of theinitial hearing;
        (2) must be no earlier than thirty (30) days (unless the defendantand the prosecuting attorney agree to an earlier date), and nolater 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 forthe case until final disposition, unless:
        (1) the defendant requests a trial within time limits establishedby the Indiana rules of criminal procedure for early trialmotions;
        (2) subsequent counsel enters an appearance after the omnibusdate and previous counsel withdrew or was removed due to:
            (A) a conflict of interest; or
            (B) a manifest necessity required that counsel withdraw fromthe case;
        (3) the state has not complied with an order to compeldiscovery; or
        (4) the prosecuting attorney and the defendant agree to continuethe 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.

IC 35-36-8-2
Withdrawal by counsel; grounds; time limit; restriction
    Sec. 2. (a) Counsel for a defendant charged with a felony ormisdemeanor may withdraw from the case for any reason, includingfailure of the defendant to fulfill an obligation with respect tocounsel's fee, at any time up to thirty (30) days before the omnibusdate.
    (b) However, the court shall allow counsel for the defendant to

withdraw from the case at any time within thirty (30) days of, and atany time after, the omnibus date if there is a showing that:
        (1) counsel for the defendant has a conflict of interest incontinued representation of the defendant;
        (2) other counsel has been retained or assigned to defend thecase, substitution of new counsel would not cause any delay inthe proceedings, and the defendant consents to or requestssubstitution of the new counsel;
        (3) the attorney-client relationship has deteriorated to a pointsuch that counsel cannot render effective assistance to thedefendant;
        (4) the defendant insists upon self representation and thedefendant understands that the withdrawal of counsel will notbe permitted to delay the proceedings; or
        (5) there is a manifest necessity requiring that counsel withdrawfrom the case.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.40-1990,SEC.56.

IC 35-36-8-3
Pretrial hearing and conference; time; purposes; memorandum ofmatters agreed upon; use of admission
    Sec. 3. (a) A pretrial hearing and pretrial conference, if one isnecessary, may be held on the omnibus date or any other date that thecourt designates prior to the commencement of trial. The purpose ofthe pretrial hearing is to:
        (1) consolidate hearings on pretrial motions and other requeststo the maximum extent practicable;
        (2) rule on the motions and requests and ascertain whether thecase will be disposed of by guilty plea, jury trial, or bench trial;and
        (3) make any other orders appropriate under the circumstancesto expedite the proceedings.
    (b) At the time of the pretrial hearing as provided under thissection, or at any other time after the filing of the indictment orinformation and before the commencement of trial, the court, uponmotion of any party or upon its own motion, may order conferencesto consider any matters that will promote a fair and expeditious trial.The purpose of such a conference shall be to consider any mattersrelated to the disposition of the proceedings, including thesimplification of the issues to be tried and the possibility of obtainingadmissions of fact and of documents which will avoid unnecessaryproof.
    (c) At the conclusion of the conference the court shall prepare andfile a memorandum of the matters agreed upon. Any admission madeby the defendant or his attorney at the conference may not be usedagainst the defendant unless the admission is reduced to writing andsigned by the defendant and his attorney.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-8-4
Repealed
    (Repealed by P.L.320-1983, SEC.25.)