N.D. Cent. Code § 29-19-06: 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.