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Indiana Pre Trial Settlement Agreement (PDF)Opens a New Window.

State:
Indiana
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IN-HSC5-09
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PDF
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Pre Trial Settlement Agreement (PDF)Opens a New Window.

The Indiana PRE Trial Settlement Agreement (PDF)Opens a New Window. Is a document used in the state of Indiana to resolve criminal cases prior to trial. It is an agreement between the prosecutor and the defendant that stipulates a sentence or other resolution to the case. The agreement may include a plea agreement, plea bargain, or deferred prosecution agreement. There are three types of Indiana PRE Trial Settlement Agreement (PDF)Opens a New Window.: Plea Agreement, Deferred Prosecution Agreement, and Stipulated Fact Agreement. A Plea Agreement is an agreement between the prosecutor and the defendant in which the defendant pleads guilty to the charges in exchange for a specific sentence. The plea agreement is binding and cannot be changed once the judge accepts it. A Deferred Prosecution Agreement is an agreement between the prosecutor and the defendant in which the defendant agrees to enter a program or treatment plan and abide by certain stipulations in exchange for the prosecutor dropping the charges. A Stipulated Fact Agreement is an agreement between the prosecutor and the defendant in which the parties agree to certain facts about the case. This agreement can be used in lieu of a trial, but the defendant still has the right to a trial by jury. The Indiana PRE Trial Settlement Agreement (PDF)Opens a New Window. Is a legally binding document and should be read carefully to ensure all parties understand their rights and obligations.

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Rule 34 - Motion Practice (A) Use of Motion. Unless a statute or these Rules provide another form of application, a request for an order or for other relief shall be made by filing a motion. (B) Motions Subject to Decision Without Response.

If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court.

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.

If the form of production is not specified by party agreement or court order, the responding party must produce electronically stored information either in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable.

Rule 38 - Jury Trial of Right (A)Causes triable by court and by jury. Issues of law and issues of fact in causes that prior to the eighteenth day of June, 1852, were of exclusive equitable jurisdiction shall be tried by the court; issues of fact in all other causes shall be triable as the same are now triable.

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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.

A judge who is unable to attend and preside at his court for any cause may appoint in writing a judge pro tempore to conduct the business of this court during his absence. The written appointment shall be entered in the records of the court.

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Indiana Pre Trial Settlement Agreement (PDF)Opens a New Window.