Indiana Waiver of an Indictment

State:
Indiana
Control #:
IN-AO-466A
Format:
PDF
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Description

Waiver of an Indictment

An Indiana Waiver of an Indictment is a legal document that allows a defendant to waive their right to have a grand jury hear their case and instead have the case heard directly by a judge. It is a formal agreement between the defendant, the court, and the prosecutor. The agreement waives the defendant’s right to a grand jury indictment, and instead allows the case to proceed to a trial. There are two types of Indiana Waiver of an Indictment: a pre-trial waiver and a post-trial waiver. A pre-trial waiver is signed before the trial begins, while a post-trial waiver is signed after the trial has been concluded. In both cases, the defendant agrees to waive their right to a grand jury indictment and agree that the case may proceed directly to a trial. The waiver is signed by both the defendant and the prosecutor, and it must be approved by a judge. The Indiana Waiver of an Indictment is an important legal document, as it allows the defendant to waive their right to a grand jury indictment and proceed directly to trial.

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FAQ

404-405) DEFINITION: Evidence that tends to show a person's good or bad qualities. The most common kind is evidence of a criminal record. RULE: Character evidence is generally not admissible EXCEPTIONS: 1. Impeachment.

In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.

Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes. (a) Character evidence generally. -Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused.

Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. This rule of evidence is often used in criminal trials, but is criminally underutilized in civil trials.

(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

Reverse 404(b) evidence is the name courts have given to a less common use of Federal Rule of Evidence 404(b), wherein a defendant attempts to introduce the "other bad acts" of a third party, usually to prove that this third party committed the crime of which the defendant is accused or that the third party coerced the

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

More info

Waiver of an Indictment. Download Form (pdf, 259.(b) Waiving Indictment. 6. This waiver of indictment is made after full consultation with and advice of counsel and is knowing, intelligent, and voluntary. Date. This can be accomplished through execution of a waiver of indictment, in which case an individual is tried based on an "accusation. Petition To Waive Prosecution By Indictment (Preliminary Questions) Form. This is a South Carolina form and can be use in District Court Federal. WAIVER OF INDICTMENT- ADDITIONAL CHARGES. The Court: The defendant is held for the action of the grand jury. This Court approves Defendant's waiver of the two (2) full days of service of Indictment before arraignment.

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Indiana Waiver of an Indictment