Indiana Code Title 35. Criminal Law and Procedure § 35-34-1-8

Sec. 8. (a) A motion to dismiss an indictment or information under section 4 of this chapter shall be in writing.  The prosecutor must be given reasonable notice of a motion to dismiss.  If the motion is expressly or impliedly based upon the existence or occurrence of facts, the motion shall be accompanied by affidavits containing sworn allegations of these facts.  The sworn allegations may be based upon personal knowledge of the affiant or upon information and belief, provided that in the latter event the affiant discloses the sources of the information and the grounds for the belief.  If the motion is expressly or impliedly based upon the existence of any question of law, the motion shall be accompanied by a memorandum stating specifically the legal question in issue.  The defendant may also submit documentary evidence tending to support the allegations of the motion.

(b) The prosecutor may:

(c) After all papers of both parties have been filed, and after all documentary evidence has been submitted, the court shall determine whether, under subsections (d) and (e) of this section, a hearing is necessary to resolve questions of fact.

(d) The court shall grant the motion without conducting a hearing only if:

(e) The court may deny the motion without conducting a hearing only if:

(f) If a hearing is necessary to resolve questions of fact, the court shall conduct a hearing and make findings of fact essential to the determination of the motion.  The defendant has a right to be present and represented by counsel at the hearing but may waive this right.  The defendant has the burden of proving by a preponderance of the evidence every fact essential to support the motion.