North Dakota § 29-19-06 Application for continuance on ground of absent witness

North Dakota Statutes

§ 29-19-06 — Application for continuance on ground of absent witness

North Dakota § 29-19-06

Title 29Judicial Procedure, Criminal

Ch. 29-19Continuance

This text of North Dakota § 29-19-06 (Application for continuance on ground of absent witness) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-19-06 (2026).

Text

An application for a continuance on the ground that a witness is absent must show:

1.That the applicant has used due diligence to prepare for the trial;

2.The nature of the diligence used;

3.The name and residence of the absent witness;

4.What the applicant expects or believes such witness would testify were that witness present and orally examined in court;

5.That the testimony of the witness is material;

6.The nature of any document wanted and where the same may be found;

7.That the same facts cannot be satisfactorily shown by other evidence; and

8.That the witness is not absent through the connivance or counsel of the applicant.

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An application for a continuance on the ground that a witness is absent must show:
1. That the applicant has used due diligence to prepare for the trial;
2. The nature of the diligence used;
3. The name and residence of the absent witness;
4. What the applicant expects or believes such witness would testify were that witness
present and orally examined in court;
5. That the testimony of the witness is material;
6. The nature of any document wanted and where the same may be found;
7. That the same facts cannot be satisfactorily shown by other evidence; and
8. That the witness is not absent through the connivance or counsel of the applicant.