Sec. 9. (a) Upon a motion for a continuance under section 8 of this chapter, the court may continue the factfinding hearing or the waiver hearing for not more than ninety (90) days. However, the hearing may not be continued if, after the prosecuting attorney moves for the continuance as the result of:

(1) a witness’s absence, the child admits that the absent witness would testify to the facts alleged in the prosecuting attorney’s official statement; or

criminal case

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Terms Used In Indiana Code 31-37-11-9

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testify: Answer questions in court.
(2) the unavailability of written or documentary evidence, the child admits that the written or documentary evidence exists.

     (b) If the hearing is not commenced within the ninety (90) day period required by this section, the court shall discharge the child.

[Pre-1997 Recodification Citation: 31-6-7-6(i).]

As added by P.L.1-1997, SEC.20.

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