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.
29-19-07. Application for continuance on ground defendant or attorney is member of assembly - Grounds. An application for a continuance on the ground that the defendant or the defendant's attorney of record is a member of either house of the legislative assembly must 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 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; 4. That the applicant then is, or at the beginning of the term of court in which said action is pending will be, actually engaged in the person's duties in the assembly; and 5. 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 at which such action is pending. The case may not be tried over the objection of the defendant within ten days after the adjournment of the legislative assembly.