CHAPTER 2. TRIAL PROCEEDINGS
IC 35-37-2
Chapter 2. Trial Proceedings
IC 35-37-2-1
Preliminary instructions
Sec. 1. The court shall give the jury preliminary instructions.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-2-2
Order of trial; statement of case; presentation of evidence;arguments of counsel; instructions
Sec. 2. After the jury is impaneled and sworn, the trial shallproceed in the following order:
(1) The prosecuting attorney shall state the case of theprosecution and briefly state the evidence by which he expectsto support it, and the defendant may then state his defense andbriefly state the evidence he expects to offer in support of hisdefense.
(2) The prosecuting attorney shall then offer the evidence insupport of the prosecution, and the defendant shall then offerthe evidence in support of his defense.
(3) The parties may then respectively offer rebutting evidenceonly, unless the court, for good reason and in furtherance ofjustice, permits them to offer evidence upon their original case.
(4) When the evidence is concluded the prosecuting attorneyand the defendant or his counsel may, by agreement in opencourt, submit the case to the court or jury trying the case,without argument. If the case is not submitted withoutargument, the prosecuting attorney shall have the opening andclosing of the argument. However, the prosecuting attorneyshall disclose in the opening all the points relied on in the case,and if in the closing he refers to any new point or fact notdisclosed in the opening, the defendant or his counsel may replyto that point or fact, and that reply shall close the argument ofthe case. If the prosecuting attorney refuses to open theargument, the defendant or his counsel may then argue the case.If the defendant or his counsel refuses to argue the case after theprosecuting attorney has made his opening argument, that shallbe the only argument allowed in the case.
(5) The court shall then charge the jury. The judge shall:
(A) make the charge to the jury in writing;
(B) number each instruction; and
(C) sign the charge;
if, at any time before the commencement of the argument, hehas been requested to do so by the prosecuting attorney, thedefendant, or the defendant's counsel. In charging the jury, thecourt must state to them all matters of law which are necessaryfor their information in giving their verdict. The judge shallinform the jury that they are the exclusive judges of allquestions of fact, and that they have a right, also, to determine
the law. The court may send the instructions to the jury room.
(6) If the prosecuting attorney, the defendant, or the defendant'scounsel desires special instructions to be given to the jury, theseinstructions must be:
(A) reduced to writing;
(B) numbered;
(C) accompanied by an affixed cover sheet that refers to theinstructions by number and that is signed by the party, or hisattorney, who is requesting the special instructions; and
(D) delivered to the court;
before the commencement of the argument. A charge of thecourt or any special instructions, when written and given by thecourt under this subdivision, may not be orally qualified,modified, or in any manner orally explained to the jury by thecourt. If final instructions are submitted to the jury in writtenform after having been read by the court, no indication of theparty or parties tendering any of the instructions may appear onany instruction.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.315-1985,SEC.1.
IC 35-37-2-3
Preliminary instructions; personal knowledge of material fact byjuror; disclosure; examination; excuse of juror or panel
Sec. 3. (a) As a part of the preliminary instructions, the court shallinstruct the jurors that if a juror realizes, during the course of thetrial, that he has personal knowledge of any fact material to thecause, he shall inform the bailiff that he believes he has thisknowledge at the next recess or upon adjournment, whichever issooner. The bailiff shall inform the court of the juror's belief, and thecourt shall examine the juror under oath in the presence of the partiesand outside the presence of the other jurors concerning his personalknowledge of any material fact.
(b) If the court finds that the juror has personal knowledge of amaterial fact, the juror shall be excused and the court shall replacethat juror with an alternate. If there is no alternate juror, then thecourt shall discharge the jury without prejudice, unless the partiesagree to submit the cause to the remaining jurors.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-2-4
Preliminary instructions; admonition by court; separation
Sec. 4. (a) The court shall admonish the jurors in the preliminaryinstruction, before separating for meals, and at the end of the day,that it is their duty not to converse among themselves or permitothers to converse with them on any subject connected with the trial,or to form or express any opinion about the case until the cause isfinally submitted to them.
(b) The jurors may separate when court is adjourned for the day,unless the court finds that the jurors should be sequestered in order
to assure a fair trial.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-2-5
View by jury
Sec. 5. Whenever:
(1) the court believes that it is proper; or
(2) a party to the case makes a motion;
for the jury to have a view of the place in which any material factoccurred, the court may order the jury to be conducted in a body,under the charge of an officer, to the place, which shall be shown tothem by some person appointed by the court for that purpose. Whilethe jury is absent for this reason, no person, other than the officer andthe person appointed to show them the place, may speak to the jurorson any subject connected with the trial.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-2-6
Retirement and deliberation of jury; officer in charge; restrictions
Sec. 6. (a) After hearing the charge, the jury shall retire to the juryroom for deliberation. They shall retire under the charge of anofficer, who shall be sworn by the court to:
(1) keep the jury together in the jury room or other placeordered by the court;
(2) furnish them food as directed by the court; and
(3) not permit any person to speak or communicate with them.
(b) An officer may not communicate with a juror except:
(1) as provided in sections 2 and 4 of this chapter;
(2) to ask them if they have agreed on a verdict; or
(3) when ordered to do so by the court.
As added by Acts 1981, P.L.298, SEC.6.
IC 35-37-2-7
Verdict; rendering in open court; polling of jury
Sec. 7. When the jury has agreed upon its verdict, the officerhaving the jurors in his charge shall conduct them into court. If alljurors appear, their verdict must be rendered in open court. If all donot appear, the court shall discharge the jury without prejudice. Theprosecuting attorney and the parties are entitled, in all criminal cases,to have the jury polled.
As added by Acts 1981, P.L.298, SEC.6.