Application for continuance on ground of absent witness
N.D. Cent. Code § 29-19-06
in effect29-19-06. Application for continuance on ground of absent witness
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t29c19.pdf#nameddest=29-19-06Fetched: 10/16/2026