Ind. Criminal Rule 1.4

Effective January 1, 2025

(A) Precharge Subpoena Duces Tecum

(1) When a prosecuting attorney receives information concerning the commission of a crime,

the prosecuting attorney or deputy prosecuting attorney, acting without a grand jury, may

apply to a court of criminal jurisdiction for a subpoena duces tecum ordering a person other

than a target of the criminal investigation to produce books, papers, documents, pho-

tographs, or tangible objects.

(2) A request must include an affidavit under oath which sets forth the items to be produced

either by individual item or by category and describe each item and category with reasonable

particularity. The request may specify the form or forms in which electronically stored information is to be produced. The request must specify a reasonable time, place, and manner of

delivering things or making the production. The request must demonstrate that the subpoena is as follows:

(a) relevant in purpose to a valid criminal investigation;

(b) sufficiently limited in scope; and

(c) specific in directive so that compliance will not be unreasonably burdensome.

(3) A court of criminal jurisdiction in Indiana may grant the prosecutor’s request with or

without modifications and may set conditions upon the production of such things. The court

may order that the person to whom the subpoena is addressed not disclose the existence of

the subpoena duces tecum to any person except those necessary to comply with the subpoena. Subpoenas issued under this subsection are confidential records until the court

orders otherwise under Access to Court Records Rule 5(A)(5).

(4) A subpoena duces tecum must be issued consistently with Trial Rule 34, except that the

subpoena duces tecum must state the witness or person to whom it is directed may respond

to such request by submitting to its terms, by proposing different terms, by objecting specifically or generally to the request by serving a written response to the prosecutor making

the request within ten days, or by moving to quash as permitted by Trial Rule 45(B).

(5) After charges are filed, the discovery procedures set forth in Rule 2.5 apply.

(B) Subpoenas ad testificandum.

The issuance of subpoenas ad testificandum is covered by Ind. Code § 33-39-1-4 and other

Indiana law.

II. Pre-Trial Procedure