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Section/Rule:
24.10
Subject:
Rule 24 - Rules of Criminal Procedure - Misdemeanors or Felonies - Arraignment and Proceedings Before Trial
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Application for a Continuance on Account of Absence of Witnesses Shall Show What
Revised / Effective Date:
January 1, 1980
24.10. Misdemeanors or Felonies - Application for a Continuance on Account of Absence of Witnesses Shall Show What
An application for a continuance on account of the absence of witnesses or their evidence shall show:
(
a
) The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the applicant to obtain such witness or testimony;
(
b
) The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same, and also facts showing reasonable grounds for belief that the attendance or testimony of such witness will be procured within a reasonable time;
(
c
) What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove or so fully prove the same facts;
(
d
) That such witness is not absent by the connivance, consent, or procurement of the applicant, and such application is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial.
If the court shall be of the opinion that the affidavit is insufficient it shall permit it to be amended.
(Adopted June 13, 1979, eff. Jan. 1, 1980.)
Committee Note - 1979
This is the same as
Rule 65.04
except that the last sentence has been added and the added sentence is the same as the first sentence of
Rule 65.05
.
Compare: Prior Rule
25.08(b)
.
