Terms Used In Indiana Code > Title 35 > Article 37 - Trial Procedure

• Arrest: Taking physical custody of a person by lawful authority.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
• confidential communication: means any information:

  Indiana Code 35-37-6-1

• confidential information: includes :

  Indiana Code 35-37-6-1.5

• Defense attorney: Represent defendants in criminal matters.
• Dependent: A person dependent for support upon another.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• fund: refers to the violent crime victims compensation fund established by section 40 of this chapter. See Indiana Code 5-2-6.1-3
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• 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.
• Juror: A person who is on the jury.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. See Indiana Code 5-2-6.1-6
• personally identifying information: means information that identifies a victim or the location where domestic violence, dating violence, sexual assault, or stalking occurred, including the victim's:

  Indiana Code 35-37-6-2.5

• polygraph: means a device that permanently and simultaneously records, at a minimum, an individual's:

  Indiana Code 35-37-4.5-1

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Recess: A temporary interruption of the legislative business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Service of process: The service of writs or summonses to the appropriate party.
• State: includes any territory of the United States and the District of Columbia. See Indiana Code 35-37-5-1
• student advocate office: means a student services office, victim assistance office, or other victim counselor as designated by a state educational institution or an approved postsecondary educational institution. See Indiana Code 35-37-6-2.7
• Subpoena: includes a summons in any state where a summons is used in lieu of a subpoena. See Indiana Code 35-37-5-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Verdict: The decision of a petit jury or a judge.
• 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
• victim: means :

  Indiana Code 35-37-6-3

• Victim advocate: work with prosecutors and assist the victims of a crime.
• victim advocate: means an individual employed or appointed by or who volunteers for:

  Indiana Code 35-37-6-3.5

• victim service provider: means a person:

  Indiana Code 35-37-6-5

• violent crime: means the following:

  Indiana Code 5-2-6.1-8

• Witness: shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Indiana Code 35-37-5-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.