North Dakota Code 29-19-06 – Application for continuance on ground of absent witness
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An application for a continuance on the ground that a witness is absent must show:
Terms Used In North Dakota Code 29-19-06
- Continuance: Putting off of a hearing ot trial until a later time.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 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.