Chapter 1 Definitions
Chapter 2 Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings
Chapter 3 Comprehension to Stand Trial
Chapter 4 Notice of Alibi Defense
Chapter 5 Change of Judge
Chapter 6 Change of Venue
Chapter 7 Continuances
Chapter 8 Omnibus Date, Pretrial Hearing, and Pretrial Conference
Chapter 9 Pretrial Determination of Intellectual Disability in Death Sentence Cases
Chapter 10 Child Pornography and Discovery
Chapter 11 Laboratory Reports
Chapter 12 Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders

Terms Used In Indiana Code > Title 35 > Article 36

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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
  • Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • child pornography: includes :

    Indiana Code 35-36-10-2

  • claimant: means a victim filing an application for assistance under this chapter. See Indiana Code 5-2-6.1-1
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.1-2
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:

    Indiana Code 35-36-9-2

  • Insanity: refers to the defense set out in Indiana Code 35-36-1-1
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • laboratory report: means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation. See Indiana Code 35-36-11-1
  • Mentally ill: means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. See Indiana Code 35-36-1-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Omnibus date: refers to the omnibus date established under Indiana Code 35-36-1-1
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. See Indiana Code 5-2-6.1-6
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • victim: means an individual who suffers bodily injury or death as a result of a violent crime. See Indiana Code 5-2-6.1-7