§ 35-36-7-2 — Motion by prosecuting attorney; absence of witness or written or documentary evidence; official statement; requisites

Indiana § 35-36-7-2

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 7: Continuances

Text

(a) A prosecuting attorney may move to
postpone the trial of a criminal cause because of the absence of a
witness whose name is endorsed on the indictment or information, if he
makes an official statement:
(1) containing the requirements of subsections (b)(1) and (b)(2)
of section 1 of this chapter;
(2) showing that the absence of the witness has not been procured
by the act of the prosecuting attorney;
(3) stating the facts to which he believes the witness will testify,
and include a statement that he believes these facts to be true; and
(4) stating that the prosecuting attorney is unable to prove the
facts specified in accordance with subdivision (3) through the use
of any other witness whose testimony can be as readily procured.
Upon request of the defendant the court shall order that the prosecuting
attorney's motion and official statement be made in writing.
(b) The trial may not be postponed if:
(1) after a motion by the prosecuting attorney because of the
absence of a witness, the defendant admits that the absent witness
would testify to the facts as alleged by the prosecuting attorney in
his official statement in accordance with subsection (a)(3); or
(2) after a motion by the prosecuting attorney to postpone because
of the absence of written or documentary evidence, the defendant
admits that the written or documentary evidence exists.
As added by Acts 1981, P.L.298, SEC.5.