Motion by prosecuting attorney; absence of witness or written or
documentary evidence; official statement; requisites
Sec. 2. (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.
Last modified: May 24, 2006