Ind. Code » Title 35
Indiana Code

Ind. Code § 35-37-5-2 (2026)

Subpoena; issuance; service; proof of service; fees; contempt of court

✓ current as of May 2026
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     Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state. When permitted by the laws of the United States, this or another state, or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in accordance 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 and give 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 of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it or his attorney, who shall fill it in before service.

     (c) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. The court, upon motion made at or before the time specified in the subpoena for compliance, may:

(1) quash or modify the subpoena if it is unreasonable and oppressive; or

(2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable costs of producing the books, papers, documents, or tangible things.

     (d) A subpoena may be served by any person. Service of a subpoena upon a person shall be made in the same manner as provided 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 the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.

     (f) Fees need not be first paid or tendered in order to compel the attendance of witnesses in a criminal proceeding.

     (g) Failure by any person without adequate excuse to obey a subpoena 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 to appear or act.

When duly subpoenaed, the attendance of all witnesses may be enforced by attachment.

As added by P.L.311-1983, SEC.2.

 

Notes of Decisions
Cited in 4 cases, 2003–2018 · leading case: Nathan S. Berkman v. State of Indiana, 976 N.E.2d 68 (Ind. Ct. App. 2012).
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Nathan S. Berkman v. State of Indiana, 976 N.E.2d 68 (Ind. Ct. App. 2012). · cites it 2× “” Ind.Code § 35-37-5-2 (2008). 3 . Bartruff, 528 N.”
State v. Black, 947 N.E.2d 503 (Ind. Ct. App. 2011). · cites it 2× “The State now appeals pursuant to Indiana Code section 35-37-5-2. 8 DISCUSSION AND DECISION The State contends that the trial court erred in granting Black’s motion for discharge pursuant to Criminal Rule 4(C).”
Forbes v. State, 793 N.E.2d 1112 (Ind. Ct. App. 2003). · cites it 9× “to attend and testify," Ind. Code § 35-37-5-2 indicates that the procedures set out in Indiana's version of the Uniform Act are also applicable to subpoenas duces tecum.”
Ryan Patrick Rucker v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “The cause that Rucker provided was inappropriate—he cited to Indiana Code section 35-37-5-2 regarding the Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings.”
— Ind. Code § 35-37-5-2(a) — 1 case
Forbes v. State, 793 N.E.2d 1112 (Ind. Ct. App. 2003). “to attend and testify," Ind. Code § 35-37-5-2 indicates that the procedures set out in Indiana's version of the Uniform Act are also applicable to subpoenas duces tecum.”
— Ind. Code § 35-37-5-2(b) — 1 case
Forbes v. State, 793 N.E.2d 1112 (Ind. Ct. App. 2003). “to attend and testify," Ind. Code § 35-37-5-2 indicates that the procedures set out in Indiana's version of the Uniform Act are also applicable to subpoenas duces tecum.”
— Ind. Code § 35-37-5-2(c) — 1 case
Forbes v. State, 793 N.E.2d 1112 (Ind. Ct. App. 2003). “to attend and testify," Ind. Code § 35-37-5-2 indicates that the procedures set out in Indiana's version of the Uniform Act are also applicable to subpoenas duces tecum.”
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