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.
As added by P.L.1-1997, SEC.20.
Last modified: May 24, 2006