North Dakota Code 29-19-07 – Application for continuance on ground defendant or attorney is member of 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:
Terms Used In North Dakota Code 29-19-07
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.