IC 35-37-5
    Chapter 5. Uniform Act to Secure the Attendance of WitnessesFrom Outside the State in Criminal Proceedings

IC 35-37-5-1
Definitions
    Sec. 1. As used in this chapter:
    "State" includes any territory of the United States and the Districtof Columbia.
    "Subpoena" includes a summons in any state where a summons isused in lieu of a subpoena.
    "Witness" shall include a person whose testimony is desired inany proceeding or investigation by a grand jury or in a criminalaction, prosecution, or proceeding.
As added by P.L.311-1983, SEC.2.

IC 35-37-5-2
Subpoena; issuance; service; proof of service; fees; contempt ofcourt
    Sec. 2. (a) At the request of the state or a defendant, subpoenas forattendance at a hearing or trial shall be issued by the clerk of thecourt of the county in which the hearing or trial is to be held. Asubpoena may be served at any place within the state. Whenpermitted by the laws of the United States, this or another state, orforeign country, the court upon proper application and cause shownmay authorize the service of a subpoena outside the state inaccordance with such law.
    (b) Every subpoena shall:
        (1) be issued by the clerk under the seal of the court;
        (2) state the name of the court and the title of the action;
        (3) command each person to whom it is directed to attend andgive testimony at a specified time and place; and
        (4) be signed by the clerk.
The clerk shall issue a subpoena, or a subpoena for the production ofdocumentary evidence, signed and sealed but otherwise in blank, toa party requesting it or his attorney, who shall fill it in before service.
    (c) A subpoena may also command the person to whom it isdirected to produce the books, papers, documents, or tangible thingsdesignated therein. The court, upon motion made at or before thetime specified in the subpoena for compliance, may:
        (1) quash or modify the subpoena if it is unreasonable andoppressive; or
        (2) condition denial of the motion upon the advancement by theperson in whose behalf the subpoena is issued of the reasonablecosts of producing the books, papers, documents, or tangiblethings.
    (d) A subpoena may be served by any person. Service of asubpoena upon a person shall be made in the same manner asprovided in the Indiana Rules of Trial Procedure.
    (e) When a subpoena is served by the sheriff or his deputy, his

return shall be proof of service. When served by any other person,the service must be shown by affidavit. No fees or costs for theservice of a subpoena shall be collected or charged as costs exceptwhen service is made by the sheriff or his deputy.
    (f) Fees need not be first paid or tendered in order to compel theattendance of witnesses in a criminal proceeding.
    (g) Failure by any person without adequate excuse to obey asubpoena served upon him may be deemed a contempt of:
        (1) the court from which the subpoena is issued; or
        (2) the court of the county where the witness was required toappear or act.
When duly subpoenaed, the attendance of all witnesses may beenforced by attachment.
As added by P.L.311-1983, SEC.2.

IC 35-37-5-3
Subpoena; persons imprisoned or institutionalized within this state
    Sec. 3. (a) When the testimony of a person who is imprisoned orinstitutionalized within this state is necessary in any criminalproceeding, the subpoena shall be delivered or mailed to the officialin charge of the institution.
    (b) The official in charge of the institution shall bring the witnessnamed in the subpoena before the court at the time and placespecified and hold him until he is discharged by the court. When sodischarged, the witness shall be returned to the custody of suchofficial and returned to the institution. The official in charge of theinstitution may request from the court issuing the subpoena suchassistance as he deems proper for the safe transportation of thewitness.
    (c) When such witness is in attendance upon any court, he may beplaced, for safe-keeping, in the jail of the county or any othersuitable place pursuant to an order of the court. The county in whichthe proceeding is pending shall pay the actual and necessary expenseof producing, keeping, and returning such witness.
As added by P.L.311-1983, SEC.2.

IC 35-37-5-4
Summoning witness in this state to testify in another state
    Sec. 4. (a) If a judge of a court of record in any state which hasmade provision for the commanding of persons within that state toattend and testify in this state certifies under the seal of the courtthat:
        (1) there is a criminal prosecution pending in the court, or thata grand jury investigation has commenced or is about tocommence;
        (2) a person being within this state is a material witness in theprosecution or grand jury investigation; and
        (3) the person's presence will be required for a specified numberof days;
upon presentation of the certificate to a judge of a court of record

with jurisdiction to try felony cases in the county in which the personis located, the judge shall fix a time and place for a hearing, and shallmake an order directing the witness to appear at a time and placecertain for the hearing.
    (b) If at the hearing the judge determines that:
        (1) the witness is material and necessary;
        (2) it will not cause undue hardship to the witness to becompelled to attend and testify in the prosecution or a grandjury investigation in the other state; and
        (3) the laws of the state in which the prosecution is pending, orgrand jury investigation has commenced or is about tocommence, will give to the person protection from arrest, andthe service of civil and criminal process;
the judge shall issue a subpoena, with a copy of the certificateattached, directing the witness to attend and testify in the court wherethe prosecution is pending, or where a grand jury investigation hascommenced or is about to commence at a time and place specified inthe subpoena. In any hearing the certificate is prima facie evidenceof all the facts stated in it.
    (c) If the certificate recommends that the witness be taken intoimmediate custody and delivered to an officer of the requesting stateto assure the attendance of the witness in the requesting state, thejudge may, in lieu of notification of the hearing, direct that thewitness be immediately brought before the judge for the hearing. Ifthe judge is satisfied of the desirability of the custody and delivery,the judge may, in lieu of issuing a subpoena, order that the witnessbe immediately taken into custody and delivered to an officer of therequesting state. For this determination, the certificate is prima facieproof of such desirability.
    (d) If a witness subpoenaed as provided in this section is paid ortendered a sum for expenses and fails without good cause to attendand testify as directed in the subpoena, the witness shall be punishedin the manner provided for the punishment of any witness whodisobeys a subpoena issued from a court of record in this state.
    (e) The amount of the payment for expenses under subsection (d)of this section and section 4(b) of this chapter is set out inIC 33-37-10-2.
As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984,SEC.78; P.L.192-1986, SEC.38; P.L.305-1987, SEC.33;P.L.98-2004, SEC.148.

IC 35-37-5-5
Witness from another state summoned to testify in this state
    Sec. 5. (a) If a person in any state that has made provision forcommanding persons within its borders to attend and testify incriminal prosecutions in this state or grand jury investigationscommenced or about to commence in this state is a material witnessin a prosecution pending in a court of record in this state or in agrand jury investigation which has commenced or is about tocommence in this state, a judge of the court may issue a certificate

under the seal of the court stating these facts and specifying thenumber of days the witness will be required. This certificate shall bepresented to a judge of a court of record in the county of the state inwhich the witness is found.
    (b) If the witness is summoned to attend and testify in this state,the witness shall be tendered a sum for expenses equal to the amountprovided under IC 33-37-10-2. The fees shall be a proper chargeupon the county in which the criminal prosecution or grand juryinvestigation is pending.
    (c) A witness who has appeared in accordance with the provisionsof the subpoena shall not be required to remain within this state fora longer period of time than the period mentioned in the certificate,unless otherwise ordered by the court.
    (d) If the witness fails without good cause to attend and testify asdirected in the subpoena, the witness shall be punished in the mannerprovided for the punishment of any witness who disobeys a subpoenaissued from a court of record in this state.
As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984,SEC.79; P.L.192-1986, SEC.39; P.L.305-1987, SEC.34;P.L.98-2004, SEC.149.

IC 35-37-5-6
Summoning prisoners in this state to testify in another state;prisoner from another state summoned to testify in this state
    Sec. 6. (a) If a judge of a court of record in any other state, whichby its laws has made provision for commanding a prisoner withinthat state to attend and testify in this state, certifies under the seal ofthe court that:
        (1) there is a criminal prosecution pending in such court or thata grand jury investigation has commenced;
        (2) a person confined by the department of correction (otherthan a person awaiting execution of a sentence of death) is amaterial witness in such prosecution or investigation; and
        (3) his presence is required for a specified number of days;
a judge of a court with jurisdiction to try felony cases in the countywhere the person is confined, after notice to the attorney general,shall fix a time and place for a hearing and shall order the personhaving custody of the prisoner to produce him at the hearing.
    (b) If at such hearing the judge determines that the prisoner is amaterial and necessary witness in the requesting state, the judge shallissue an order directing that the prisoner attend the court where theprosecution or investigation is pending, upon such terms andconditions as the judge prescribes, including:
        (1) provision for the return of the prisoner at the conclusion ofhis testimony;
        (2) proper safeguards on his custody; and
        (3) proper financial reimbursement or other payment by thedemanding jurisdiction for all expenses incurred in theproduction and return of the prisoner.
    (c) The attorney general is authorized to enter into agreements

with authorities of the demanding jurisdiction to insure propercompliance with the order of the court.
    (d) If:
        (1) a criminal action is pending in a court of record of this stateby reason of the filing of an indictment or affidavit or by reasonof the commencement of a grand jury proceeding orinvestigation;
        (2) there is reasonable cause to believe that a person confinedin a correctional institution or prison of another state (other thana person awaiting execution of a sentence of death or oneconfined as mentally ill) possesses information material to suchcriminal action;
        (3) the attendance of such person as a witness in such action isdesired by a party; and
        (4) the state in which such person is confined possesses astatute equivalent to this section;
a judge of the court in which such action is pending may issue acertificate certifying all such facts and that the attendance of suchperson as a witness in such court is required for a specified numberof days. Such a certificate may be issued upon application of eitherthe state or defendant demonstrating all the facts specified in thissection.
    (e) Upon issuing such a certificate, the court may deliver it to acourt of such other state which, pursuant to the laws thereof, isauthorized to undertake legal action for the delivery of such prisonersto this state as witnesses.
As added by P.L.311-1983, SEC.2.

IC 35-37-5-7
Federal prisoner summoned to testify in this state
    Sec. 7. When:
        (1) a criminal action is pending in a court of record of this stateby reason of an indictment or affidavit, or by reason of thecommencement of a grand jury proceeding or investigation;
        (2) there is reasonable cause to believe that a person confinedin a federal prison or other federal custody, either within oroutside this state, possesses information material to suchcriminal action; and
        (3) the attendance of such person as a witness in such action isdesired by a party;
the court may issue a certificate, known as a writ of habeas corpus adtestificandum, addressed to the attorney general of the United States,certifying all such facts and requesting the attorney general of theUnited States to cause the attendance of such person as a witness insuch court for a specified number of days. Such a certificate may beissued upon application of either the state or a defendantdemonstrating all facts specified in subdivision (1). Upon issuingsuch a certificate, the court may deliver it, or cause or authorize it tobe delivered, to the attorney general of the United States or to hisrepresentative authorized to entertain the request.As added by P.L.311-1983, SEC.2.

IC 35-37-5-8
Exemption from arrest or service of process
    Sec. 8. If a person comes into this state in obedience to asubpoena directing him to attend and testify in a criminal prosecutionin this or any other state, he shall not while in this state pursuant tosuch subpoena be subject to arrest or the service of process, civil, orcriminal, in connection with matters which arose before his entranceinto this state under subpoena.
As added by P.L.311-1983, SEC.2.

IC 35-37-5-9
Uniformity of construction
    Sec. 9. This chapter shall be construed so as to effectuate itsgeneral purpose which is to make uniform the law of the states thatenact it.
As added by P.L.311-1983, SEC.2.