An Indiana Order to Appear is a court order issued by a judge in the state of Indiana that requires a person to appear in court. It is most commonly used by prosecutors to compel individuals to appear in court for criminal proceedings, such as a trial or a sentencing. The order can also be used to require the appearance of a witness or a defendant in a civil manner. There are two types of Indiana Order to Appear: an Order to Appear for a Preliminary Hearing and an Order to Appear for a Final Hearing. The Order to Appear for a Preliminary Hearing is issued by a judge to individuals to appear in court for a hearing that determines whether there is enough evidence to proceed with a criminal trial. The Order to Appear for a Final Hearing is issued to defendants to appear in court for a hearing that determines the outcome of a criminal trial, such as a guilty or not guilty verdict.
Indiana Order to Appear
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FAQ
Ind. Trial Rule 72(D) requires that immediately upon the entry of a ruling on a motion or entry of an order or judgment, the clerk must serve a copy of the entry by mail in the manner provided by T.R. 5 on each party to the case who is not in default for failing to appear.
Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is
Upon entering a conviction, whether the acceptance of a guilty plea or by finding or by verdict, the court shall sentence a defendant convicted in a criminal case within thirty (30) days of the plea or the finding or verdict of guilty, unless an extension for good cause is shown.
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.
Trial Rule 77(I) - Replacing lost papers. If an original pleading or paper filed with the clerk of the circuit court cannot be located within the recordkeeping system set forth under this rule, the court may authorize a copy of such record to be filed and used as the original.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name?or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings (A) When presented. The time allowed for the presentation of defenses and objections in a motion or responsive pleading shall be computed pursuant to the provisions of Rule 6(C).
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.