CHAPTER 8. OMNIBUS DATE, PRETRIAL HEARING, AND PRETRIAL CONFERENCE
IC 35-36-8
Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial
Conference
IC 35-36-8-1
Omnibus date; setting; purpose; notice; time limits
Sec. 1. (a) This subsection applies to persons charged with a
felony. A date, known as the omnibus date:
(1) must be set by the judicial officer at the initial hearing; and
(2) must be no earlier than forty-five (45) days and no later than
seventy-five (75) days after the completion of the initial
hearing, unless the prosecuting attorney and the defendant agree
to a different date.
(b) The purpose of the omnibus date is to establish a point in time
from which various deadlines under this article are established. The
court shall direct the clerk to notify the defendant and all counsel of
record of the omnibus date.
(c) The omnibus date for persons charged only with one (1) or
more misdemeanors:
(1) must be set by the judicial officer at the completion of the
initial hearing;
(2) must be no earlier than thirty (30) days (unless the defendant
and the prosecuting attorney agree to an earlier date), and no
later than sixty-five (65) days, after the initial hearing; and
(3) is the trial date.
(d) Once the omnibus date is set, it remains the omnibus date for
the case until final disposition, unless:
(1) the defendant requests a trial within time limits established
by the Indiana rules of criminal procedure for early trial
motions;
(2) subsequent counsel enters an appearance after the omnibus
date and previous counsel withdrew or was removed due to:
(A) a conflict of interest; or
(B) a manifest necessity required that counsel withdraw from
the case;
(3) the state has not complied with an order to compel
discovery; or
(4) the prosecuting attorney and the defendant agree to continue
the omnibus date.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982,
P.L.204, SEC.31; P.L.320-1983, SEC.22; P.L.314-1985, SEC.1.
IC 35-36-8-2
Withdrawal by counsel; grounds; time limit; restriction
Sec. 2. (a) Counsel for a defendant charged with a felony or
misdemeanor may withdraw from the case for any reason, including
failure of the defendant to fulfill an obligation with respect to
counsel's fee, at any time up to thirty (30) days before the omnibus
date.
(b) However, the court shall allow counsel for the defendant to
withdraw from the case at any time within thirty (30) days of, and at
any time after, the omnibus date if there is a showing that:
(1) counsel for the defendant has a conflict of interest in
continued representation of the defendant;
(2) other counsel has been retained or assigned to defend the
case, substitution of new counsel would not cause any delay in
the proceedings, and the defendant consents to or requests
substitution of the new counsel;
(3) the attorney-client relationship has deteriorated to a point
such that counsel cannot render effective assistance to the
defendant;
(4) the defendant insists upon self representation and the
defendant understands that the withdrawal of counsel will not
be permitted to delay the proceedings; or
(5) there is a manifest necessity requiring that counsel withdraw
from the case.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.40-1990,
SEC.56.
IC 35-36-8-3
Pretrial hearing and conference; time; purposes; memorandum of
matters agreed upon; use of admission
Sec. 3. (a) A pretrial hearing and pretrial conference, if one is
necessary, may be held on the omnibus date or any other date that the
court designates prior to the commencement of trial. The purpose of
the pretrial hearing is to:
(1) consolidate hearings on pretrial motions and other requests
to the maximum extent practicable;
(2) rule on the motions and requests and ascertain whether the
case will be disposed of by guilty plea, jury trial, or bench trial;
and
(3) make any other orders appropriate under the circumstances
to expedite the proceedings.
(b) At the time of the pretrial hearing as provided under this
section, or at any other time after the filing of the indictment or
information and before the commencement of trial, the court, upon
motion of any party or upon its own motion, may order conferences
to consider any matters that will promote a fair and expeditious trial.
The purpose of such a conference shall be to consider any matters
related to the disposition of the proceedings, including the
simplification of the issues to be tried and the possibility of obtaining
admissions of fact and of documents which will avoid unnecessary
proof.
(c) At the conclusion of the conference the court shall prepare and
file a memorandum of the matters agreed upon. Any admission made
by the defendant or his attorney at the conference may not be used
against the defendant unless the admission is reduced to writing and
signed by the defendant and his attorney.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-8-4
Repealed
(Repealed by P.L.320-1983, SEC.25.)