Current through the 2023 Legislative Sessions
Section 29-19-06 - Application for continuance on ground of absent witnessAn 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; and8. That the witness is not absent through the connivance or counsel of the applicant.