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·Title 29 Judicial Procedure, Criminal·Ch. 29-19 Continuance

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.

North Dakota § 29-19-06 (Application for continuance on ground of absent witness) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.