Indiana Waiver of Rule 5 & 5.1 Hearings

State:
Indiana
Control #:
IN-AO-470
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PDF
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Description

Waiver of Rule 5 & 5.1 Hearings

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.

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FAQ

(3) Information for Reports. The judge of a trial court, subject to this rule, may require clerks, court reporters, probation officers, or any employee of the court to furnish information required to complete and prepare the reports.

A senior judge retains jurisdiction in an individual case on the order of the presiding judge of the court in which the case is pending; (5)Oath of Office. Upon initial certification as a senior judge, the senior judge shall take an oath of office and shall file it with the Clerk of the Indiana Supreme Court.

The term ?Court agency? in subsection (C) includes without limitation the Indiana Office of Judicial Administration and the Judicial Conference of Indiana. Rule 4: General Access Rule. (A) A Court Record is accessible to the public except as provided in Rule 5.

The term ?Court agency? in subsection (C) includes without limitation the Indiana Office of Judicial Administration and the Judicial Conference of Indiana. Rule 4: General Access Rule. (A) A Court Record is accessible to the public except as provided in Rule 5.

(5) The time within which these rules require the person being served to respond, and a clear statement that in case of his failure to do so, judgment by default may be rendered against him for the relief demanded in the complaint.

Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.

Rule 5(C)(1) allows a party or person to redact Social Security Numbers, account numbers, Personal Identification Numbers, and passwords without filing a separate, written notice of exclusion, as long as the court does not need the information to dispose of the case.

Administrative Rule 7 is to provide an orderly procedure for the preservation and disposition of court records while protecting public and private rights.

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Indiana Waiver of Rule 5 & 5.1 Hearings