CHAPTER 29-19CONTINUANCE29-19-01.Definition of continuance.A continuance, within the meaning of thischapter, is the postponement of a cause for any period of time.29-19-02. Right to speedy trial. In a criminal prosecution, the state and the defendanteach shall have the right to a speedy trial. The right to a speedy trial in a criminal case in which<br>the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under<br>chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.<br>The prosecution and the defendant shall elect this right within fourteen days following the<br>arraignment. The court may allow the trial to begin later than ninety days of the arraignment for<br>good cause.29-19-03. Court may grant continuance. The court, upon a showing of sufficient causetherefor by either party, may direct the trial of a cause to be postponed to another day in the<br>same term or to the next term.29-19-04. Cause for postponement. Any cause that would be considered adequate fora postponement of a civil action is sufficient in a criminal action.29-19-05.When application for continuance to be made.An application for acontinuance may be made when a criminal action is called for trial, or at any time previous<br>thereto.29-19-06. Application for continuance on ground of absent witness. An applicationfor 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<br>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.29-19-07. Application for continuance on ground defendant or attorney is memberof assembly - Grounds. An application for a continuance on the ground that the defendant or<br>the defendant's attorney of record is a member of either house of the legislative assembly must<br>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<br>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;Page No. 14.That the applicant then is, or at the beginning of the term of court in which said<br>action is pending will be, actually engaged in the person's duties in the assembly;<br>and5.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<br>at which such action is pending. The case may not be tried over the objection of the defendant<br>within ten days after the adjournment of the legislative assembly.29-19-08. Application for continuance to be in writing - Contents. An application fora continuance must be in writing unless otherwise ordered by the court. Such application must<br>specify the ground or grounds upon which it is based and must be filed by the state's attorney or<br>counsel for the defendant, as the case may be.29-19-09.Hearing of application and action thereon.The party applying for acontinuance may file affidavits in support of that application and counter affidavits may be<br>received or denied as the court may direct.29-19-10.Entry of reasons for continuance in minutes of court.Whenever acontinuance is granted, the reasons therefor must be entered in the minutes of the court.29-19-11. Continuance when there are several defendants. When there are severaldefendants and a continuance is granted on the application of one or more but not of all<br>defendants, the trial of the other defendants must proceed unless the court otherwise directs.Page No. 2Document Outlinechapter 29-19 continuance
CHAPTER 29-19CONTINUANCE29-19-01.Definition of continuance.A continuance, within the meaning of thischapter, is the postponement of a cause for any period of time.29-19-02. Right to speedy trial. In a criminal prosecution, the state and the defendanteach shall have the right to a speedy trial. The right to a speedy trial in a criminal case in which<br>the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under<br>chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.<br>The prosecution and the defendant shall elect this right within fourteen days following the<br>arraignment. The court may allow the trial to begin later than ninety days of the arraignment for<br>good cause.29-19-03. Court may grant continuance. The court, upon a showing of sufficient causetherefor by either party, may direct the trial of a cause to be postponed to another day in the<br>same term or to the next term.29-19-04. Cause for postponement. Any cause that would be considered adequate fora postponement of a civil action is sufficient in a criminal action.29-19-05.When application for continuance to be made.An application for acontinuance may be made when a criminal action is called for trial, or at any time previous<br>thereto.29-19-06. Application for continuance on ground of absent witness. An applicationfor 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<br>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.29-19-07. Application for continuance on ground defendant or attorney is memberof assembly - Grounds. An application for a continuance on the ground that the defendant or<br>the defendant's attorney of record is a member of either house of the legislative assembly must<br>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<br>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;Page No. 14.That the applicant then is, or at the beginning of the term of court in which said<br>action is pending will be, actually engaged in the person's duties in the assembly;<br>and5.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<br>at which such action is pending. The case may not be tried over the objection of the defendant<br>within ten days after the adjournment of the legislative assembly.29-19-08. Application for continuance to be in writing - Contents. An application fora continuance must be in writing unless otherwise ordered by the court. Such application must<br>specify the ground or grounds upon which it is based and must be filed by the state's attorney or<br>counsel for the defendant, as the case may be.29-19-09.Hearing of application and action thereon.The party applying for acontinuance may file affidavits in support of that application and counter affidavits may be<br>received or denied as the court may direct.29-19-10.Entry of reasons for continuance in minutes of court.Whenever acontinuance is granted, the reasons therefor must be entered in the minutes of the court.29-19-11. Continuance when there are several defendants. When there are severaldefendants and a continuance is granted on the application of one or more but not of all<br>defendants, the trial of the other defendants must proceed unless the court otherwise directs.Page No. 2Document Outlinechapter 29-19 continuance
CHAPTER 29-19CONTINUANCE29-19-01.Definition of continuance.A continuance, within the meaning of thischapter, is the postponement of a cause for any period of time.29-19-02. Right to speedy trial. In a criminal prosecution, the state and the defendanteach shall have the right to a speedy trial. The right to a speedy trial in a criminal case in which<br>the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under<br>chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.<br>The prosecution and the defendant shall elect this right within fourteen days following the<br>arraignment. The court may allow the trial to begin later than ninety days of the arraignment for<br>good cause.29-19-03. Court may grant continuance. The court, upon a showing of sufficient causetherefor by either party, may direct the trial of a cause to be postponed to another day in the<br>same term or to the next term.29-19-04. Cause for postponement. Any cause that would be considered adequate fora postponement of a civil action is sufficient in a criminal action.29-19-05.When application for continuance to be made.An application for acontinuance may be made when a criminal action is called for trial, or at any time previous<br>thereto.29-19-06. Application for continuance on ground of absent witness. An applicationfor 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<br>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.29-19-07. Application for continuance on ground defendant or attorney is memberof assembly - Grounds. An application for a continuance on the ground that the defendant or<br>the defendant's attorney of record is a member of either house of the legislative assembly must<br>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<br>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;Page No. 14.That the applicant then is, or at the beginning of the term of court in which said<br>action is pending will be, actually engaged in the person's duties in the assembly;<br>and5.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<br>at which such action is pending. The case may not be tried over the objection of the defendant<br>within ten days after the adjournment of the legislative assembly.29-19-08. Application for continuance to be in writing - Contents. An application fora continuance must be in writing unless otherwise ordered by the court. Such application must<br>specify the ground or grounds upon which it is based and must be filed by the state's attorney or<br>counsel for the defendant, as the case may be.29-19-09.Hearing of application and action thereon.The party applying for acontinuance may file affidavits in support of that application and counter affidavits may be<br>received or denied as the court may direct.29-19-10.Entry of reasons for continuance in minutes of court.Whenever acontinuance is granted, the reasons therefor must be entered in the minutes of the court.29-19-11. Continuance when there are several defendants. When there are severaldefendants and a continuance is granted on the application of one or more but not of all<br>defendants, the trial of the other defendants must proceed unless the court otherwise directs.Page No. 2Document Outlinechapter 29-19 continuance
