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

115 words·~1 min read·/nd/title-29/chapter-29-19-continuance/29-19-06·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.