Terms Used In Indiana Code > Title 35 > Article 36 - Pretrial Notices, Motions, and Procedures

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
• Bench trial: Trial without a jury in which a judge decides the facts.
• child pornography: includes :

  Indiana Code 35-36-10-2

• claimant: means any of the following individuals filing an application for assistance under this chapter:

  Indiana Code 5-2-6.1-1

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Continuance: Putting off of a hearing ot trial until a later time.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.1-2
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• 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.
• individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:

  Indiana Code 35-36-9-2

• Insanity: refers to the defense set out in IC 35-41-3-6. See Indiana Code 35-36-1-1
• intoxicated: has the meaning set forth in IC 9-13-2-86. See Indiana Code 5-2-6.1-5
• laboratory report: means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation. See Indiana Code 35-36-11-1
• Mentally ill: means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. See Indiana Code 35-36-1-1
• motor vehicle: has the meaning set forth in IC 9-13-2-105. See Indiana Code 5-2-6.1-5.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• 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 of a child sex crime: means an individual who was the victim of:

  Indiana Code 5-2-6.1-7.5

• violent crime: means the following:

  Indiana Code 5-2-6.1-8