US Laws, Codes, Statutes & Cases

      38-1622.   Pleadings. (a) Complaint. (1) Any person 18 or more years of age having knowledge of a juvenile who appears to be a juvenile offender may file with the court having jurisdiction a verified complaint, in writing, which shall state, if known:

      (A)   The name, date of birth and residence address of the juvenile;

      (B)   the name and residence address of the juvenile's parents;

      (C)   the name and residence address of any persons having custody or control of the juvenile, or the nearest known relative if no parent can be found;

      (D)   plainly and concisely the essential facts constituting the offense charged and, if the statement is drawn in the language of the statute, ordinance or resolution alleged to have been violated, it shall be considered sufficient; and

      (E)   for each count, the official or customary citation of the statute, ordinance or resolution which is alleged to have been violated, but error in the citation or its omission shall not be grounds for dismissal of the complaint or for reversal of a trial if the error or omission did not prejudice the respondent.

      (2)   The proceedings shall be entitled: "In the matter of ____________, respondent."

      (3)   The complaint shall contain a request that the parent or parents of the juvenile be ordered to pay child support. The request for child support may be omitted with respect to a parent already ordered to pay child support for the juvenile or with respect to a respondent 18 years of age or more. The request for child support shall be omitted with respect to one or both parents upon written request of the commissioner.

      (4)   The precise time of the commission of an offense need not be stated in the complaint, but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensable element of the offense.

      (5)   The prosecuting attorney shall endorse the names of all witnesses known to the attorney upon the complaint at the time of filing. The prosecuting attorney may endorse on the complaint the names of other witnesses that afterward become known to the attorney, at such times as the court prescribes by rule or otherwise.

      (b)   Motions. Motions may be made orally or in writing. The motion shall state with particularity the grounds for the motion and shall state the relief or order sought.

      History:   L. 1982, ch. 182, § 76; L. 1992, ch. 312, § 16; L. 1996, ch. 229, § 60; July 1, 1997.