Indiana Code
Ind. Code § 35-37-4-3 (2026)
Depositions
✓ current as of May 2026
Sec. 3. The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules of Trial Procedure.
As added by Acts 1981, P.L.298, SEC.6.
Notes of Decisions
Cited in 9
cases, 1984–2016 · leading case: Iseton v. State, 472 N.E.2d 643 (Ind. Ct. App. 1984).
Iseton v. State, 472 N.E.2d 643 (Ind. Ct. App. 1984). “" Several writers have argued that because of confrontation clause rights, the standards for determining unavailability should be higher for criminal trials than for civil trials.”
Thomas L. Hale v. State of Indiana, 54 N.E.3d 355 (Ind. 2016). “”); see also Ind. Code § 35-37-4-3 (2014) (“The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules' of Trial Procedure.”
State v. Owings, 622 N.E.2d 948 (Ind. 1993). “Code § 35-37-4-3 . Indiana Trial Rule 32(A)(3)(a) provides that the deposition of a witness who is dead may be used by a party for any purpose.”
Abner v. State, 479 N.E.2d 1254 (Ind. 1985). “The deposition consists of 124 typewritten pages; forty (40) of those pages constitute defense counsel's examination of Shelton. Neither is there merit to Defendant's second contention.”
Christopher Duncan v. State of Indiana, 23 N.E.3d 805 (Ind. Ct. App. 2014). “See I.C. § 35-37-4-3. Again, the charging information essentially recited the applicable statutory language, with the added specificity that the firearm was a 9mm Luger and that Sergeant Rogers the person at whom the firearm was pointed.”
Gallagher v. State, 466 N.E.2d 1382 (Ind. Ct. App. 1984). “Indiana Code section 35-37-4-3 replaced Indiana Code section 35-1-31-8 and states: "The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules of Trial Procedure.”
Williams v. State, 685 N.E.2d 730 (Ind. Ct. App. 1997). “Ind.Code § 35-37-4-3. The Indiana Trial Rules provide as follows: “The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: * * Jfc * * ❖ (b) That the witness is outside the state, unless it appears that the absence of the…”
State v. Owings, 600 N.E.2d 568 (Ind. Ct. App. 1992). “The State claims the trial court abused its discretion in this case because Trial Rule 82(A)(8)(a) provides that a deposition may be used by any party for any purpose if the court finds that the witness is dead; and, Ind.Code § 35-37-4-3 allows parties in a criminal prosecution…”
Thomas L. Hale v. State of Indiana, 44 N.E.3d 130 (Ind. Ct. App. 2015). “'” I.C. § 35-37-4-3. When a party seeks pretriál discovery of non-privileged information in a criminal matter, a three-step test applies: (1) there must be sufficient designation of the items sought to be discovered (particularity); (2) the requested items must- be material to…”
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