IN · rules
Ind. Criminal Rule 4.2
Commencement of Rule 4 Time Periods for
Those Incarcerated Outside of State or in Another
County
Effective January 1, 2025
(A) If a defendant is charged in Indiana but apprehended outside the state or is held in Indiana in federal custody, the Rule 4 time periods commence when the defendant is returned to
Indiana or is made available by federal authorities for prosecution in Indiana.
(B) If a defendant is charged in one Indiana county during the time the defendant is incarcerated in a different county, the Rule 4 time periods commence on the earlier of: (1) the date
the court in the non-custodial county orders the defendant’s appearance; or (2) the date the
defendant provides written notice to the court where the charge is pending of the defendant’s location and requests initiation of proceedings in the non-custodial county.
(C) If a defendant is charged in one Indiana county prior to the defendant being incarcerated
in a different county, the Rule 4 time period tolls from the defendant's failure to appear in the
non-custodial county until the earlier of: (1) the date the court in the noncustodial county
orders the defendant’s appearance; or (2) the date the defendant provides written notice to
the court where the charge is pending of the defendant’s location and requests initiation of
proceedings in the non-custodial county.
V. Post-Trial Proceedings
Provenance
- Source
- rules.incourts.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-05-2025-01-01
- Content hash
e2882f9103c226f383f6c8c4cbec3817feb9d97fe72bcca337a8e8e2325fd622
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