Indiana § 31-37-11-8 - Prosecuting attorney's motion for continuance because of absence of witness

Full text of Indiana Indiana Code § 31-37-11-8 — Prosecuting attorney's motion for continuance because of absence of witness, with citation guidance and answers to common questions.

§ 31-37-11-8. Prosecuting attorney's motion for continuance because of absence of witness

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:

(1) setting forth the name and address of the witness if known;

(2) indicating the probability of procuring the witness's testimony within a reasonable time;

(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.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 31-37-11-8

What does Indiana Code § 31-37-11-8 cover?

Section 31-37-11-8 ("Prosecuting attorney's motion for continuance because of absence of witness") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 31-37-11-8?

A common citation format is "Indiana Code § 31-37-11-8" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 31-37-11-8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.