Indiana Rules of Criminal Procedure

Rule 4.2. Commencement of Rule 4 Time Periods for Those Incarcerated Outside of State or in Another County

Effective January 1, 2025

(A) If a defendant is charged in Indiana but apprehended outside the state or is held in Indiana in federal custody, the Rule 4 time periods commence when the defendant is returned to Indiana or is made available by federal authorities for prosecution in Indiana.

(B) If a defendant is charged in one Indiana county during the time the defendant is incarcerated in a different county, the Rule 4 time periods commence on the earlier of: (1) the date the court in the non-custodial county orders the defendant’s appearance; or (2) the date the defendant provides written notice to the court where the charge is pending of the defendant’s location and requests initiation of proceedings in the non-custodial county.

(C) If a defendant is charged in one Indiana county prior to the defendant being incarcerated in a different county, the Rule 4 time period tolls from the defendant's failure to appear in the non-custodial county until the earlier of: (1) the date the court in the noncustodial county orders the defendant’s appearance; or (2) the date the defendant provides written notice to the court where the charge is pending of the defendant’s location and requests initiation of proceedings in the non-custodial county.