Indiana Waiver of Rule 5 & 5.1 Hearings are a type of hearing held in Indiana courts to determine whether a person charged with a crime has the right to waive certain procedural rights. This type of hearing is used to determine whether a person has the capacity to understand the consequences of waiving their right to a jury trial, to confront witnesses, to have a speedy trial, or any other right held by the accused. The waiver must be voluntary, knowing, and intelligent, and the court must conduct an inquiry to ensure that the waiver is valid. Indiana Waiver of Rule 5 & 5.1 Hearings may be held in two types of proceedings: an in-court hearing or an out-of-court hearing. In-court hearings are held in open court and are presided over by a judge, while out-of-court hearings are held in private and involve the presentation of evidence to the judge in writing.