Motion to quash subpoena duces tecum; use immunity
Sec. 6. (a) Any witness may file a motion to quash a subpoena
duces tecum directed to that witness. The motion must include a
statement of the facts and grounds in support of the objection to the
subpoena. The court shall:
(1) promptly conduct a hearing on the motion; and
(2) at the conclusion of the hearing, enter findings in support of
its ruling.
(b) A target who is subpoenaed may move to quash a subpoena
based upon his privilege against self-incrimination. The court shall
grant the motion, unless the prosecuting attorney makes a written
request that the target be granted use immunity in accordance with
section 8 of this chapter. Upon request by the prosecuting attorney,
the court shall grant use immunity to the target and order him to
comply with the subpoena.
As added by Acts 1981, P.L.298, SEC.3.
Last modified: May 24, 2006