Ind. Code » Title 35
Indiana Code

Ind. Code § 35-37-3-2 (2026)

Self-incrimination; request for use immunity

✓ current as of May 2026
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     Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance with section 3 of this chapter.

As added by Acts 1981, P.L.298, SEC.6.

 

Notes of Decisions
Cited in 4 cases, 2012–2019 · leading case: In Re: Prosecutor's Subpoena Regarding S.H. & S.C. S.H. v. State of Indiana, 984 N.E.2d 630 (Ind. 2013).
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In Re: Prosecutor's Subpoena Regarding S.H. & S.C. S.H. v. State of Indiana, 984 N.E.2d 630 (Ind. 2013). · cites it 2× “Ind.Code § 35-37-3-2 (2008). And concludes: Upon request of the prosecuting attorney, the court shall grant use immunity to a witness.”
Michael Leroy Tunis v. State of Indiana, 129 N.E.3d 258 (Ind. Ct. App. 2019). · cites it 2× “Section 35-37-3-2 provides that "[i]f the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to…”
In Re: Prosecutor's Subpoena Regarding S.H. & S.C. S.H. v. State of Indiana, 969 N.E.2d 1048 (Ind. Ct. App. 2012). · cites it 2× “Ind.Code § 35-37-3-2: If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness,…”
In Re Sh, 969 N.E.2d 1048 (Ind. Ct. App. 2012). · cites it 2× “Ind.Code § 35-37-3-2: If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness,…”
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