Indiana Code 31-37-11-8. Prosecuting attorney’s motion for continuance because of absence of witness
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Sec. 8. (a) If a child moves for discharge, the prosecuting attorney may move for a continuance of the factfinding hearing or waiver hearing because of the absence of a witness if the prosecuting attorney makes an official statement:
(2) indicating the probability of procuring the witness’s testimony within a reasonable time;
(1) setting forth the name and address of the witness if known;
Terms Used In Indiana Code 31-37-11-8
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Continuance: Putting off of a hearing ot trial until a later time.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) showing that the absence of the witness has not been procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes the witness will testify and the prosecuting attorney’s belief that the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the facts specified under subdivision (4) through the use of any other witness whose testimony may be as readily procured.
(b) Upon the child’s request, the court shall order that the prosecuting attorney’s motion and official statement be made in writing.
[Pre-1997 Recodification Citation: 31-6-7-6(h).]
As added by P.L.1-1997, SEC.20.