Refusal of witness to answer or produce item; hearing; decision on
right to refuse
Sec. 1. (a) If a witness, in any hearing or trial occurring after an
indictment or information has been filed, refuses to answer any
question or produce any item, the court shall remove the jury, if one
is present, and immediately conduct a hearing on the witness's
refusal. After such a hearing, the court shall decide whether the
witness is required to answer the question or produce the item.
(b) If the prosecuting attorney has reason to believe that a witness
will refuse to answer a question or produce an item during any
criminal trial, the prosecuting attorney may submit the question or
request to the trial court. The court shall hold a hearing to determine
if the witness may refuse to answer the question or produce the item.
As added by Acts 1981, P.L.298, SEC.6.
Last modified: May 24, 2006