29-19-07. Application for continuance on ground defendant or attorney is member of
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/nd/title-29/chapter-29-19-continuance/29-19-07·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
assembly - Grounds.
An application for a continuance on the ground that the defendant or the defendant's attorney of record is a member of either house of the legislative assembly must show:
1. That the legislative assembly then is, or at the time of trial, will be in session;
2. If made by the attorney, that the person has been the attorney of record for the
defendant for more than fifteen days prior to the making of the application;
3. That the applicant is a member of one of the houses of the legislative assembly;
4. That the applicant then is, or at the beginning of the term of court in which said action
is pending will be, actually engaged in the person's duties in the assembly; and
5. That the applicant's attendance is necessary to a fair and proper trial of said action. Service of the application must be made at least ten days before the opening of the term of court at which such action is pending. The case may not be tried over the objection of the defendant within ten days after the adjournment of the legislative assembly.