Subpoenas; contents; failure to obey; contempt
Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum
summoning a witness to appear before the grand jury shall be issued
by the clerk upon the request of the grand jury or prosecuting
attorney. The subpoena must contain a statement of the general
nature of the grand jury inquiry.
(b) If the subpoena is issued to a target, the subpoena shall also
contain a statement informing the target that:
(1) he is a subject of the grand jury investigation;
(2) he has the right to consult with an attorney and to be
assisted by an attorney under section 13 of this chapter; and
(3) if he cannot afford an attorney, the court inpaneling the
grand jury will appoint one for him, upon request.
(c) If a witness fails to appear at the time and place stated in the
subpoena, the court may hold him in contempt of court, unless he had
filed a motion to quash the subpoena and the motion has been
granted or was pending at the time he was to have appeared.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.320-1983,
SEC.15; P.L.170-1984, SEC.2.
Last modified: May 24, 2006