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North Dakota Statutes, Title 29

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Title 29, Judicial Procedure, Criminal

48 chapters · 447 sections in this title.

All chapters in Title 29447 Ch 29-10.1, Grand Jury37 Ch 29-06, Arrest29 Ch 29-21, Trial29 Ch 29-01, General Provisions28 Ch 29-17, Trial Jury28 Ch 29-30.3, Uniform Extradition and Rendition Act27 Ch 29-22, Jury After Submission of Cause and V…26 Ch 29-02, Prevention of Public Offenses24 Ch 29-03, Local Jurisdiction of Public Offenses21 Ch 29-26, Judgment and Sentence20 Ch 29-05, The Complaint and Warrant of Arrest19 Ch 29-32.1, Uniform Postconviction Procedure Act16 Ch 29-19, Continuance11 Ch 29-28, Appeals10

11 sections·Filtered byTitle 29✕Ch 29-19✕

N.D.C.C. § 29-19-01 Definition of continuance
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A continuance, within the meaning of this chapter, is the postponement of a cause for any period of time.
N.D.C.C. § 29-19-02 Right to speedy trial
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In a criminal prosecution, the state and the defendant each shall have the right to a speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the t…
N.D.C.C. § 29-19-03 Court may grant continuance
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The court, upon a showing of sufficient cause therefor by either party, may direct the trial of a cause to be postponed to another day in the same term or to the next term.
N.D.C.C. § 29-19-04 Cause for postponement
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Any cause that would be considered adequate for a postponement of a civil action is sufficient in a criminal action.

N.D.C.C. § 29-19-05 When application for continuance to be made

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An application for a continuance may be made when a criminal action is called for trial, or at any time previous thereto.

N.D.C.C. § 29-19-06 Application for continuance on ground of absent witness

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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 believe…

N.D.C.C. § 29-19-07 Application for continuance on ground defendant or attorney is member of assembly - Grounds

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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 atto…

N.D.C.C. § 29-19-08 Application for continuance to be in writing - Contents

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An application for a continuance must be in writing unless otherwise ordered by the court. Such application must specify the ground or grounds upon which it is based and must be filed by the state's attorney or counsel for the defendant, as the case may be.

N.D.C.C. § 29-19-09 Hearing of application and action thereon

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The party applying for a continuance may file affidavits in support of that application and counter affidavits may be received or denied as the court may direct.

N.D.C.C. § 29-19-10 Entry of reasons for continuance in minutes of court

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Whenever a continuance is granted, the reasons therefor must be entered in the minutes of the court.

N.D.C.C. § 29-19-11 Continuance when there are several defendants

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When there are several defendants and a continuance is granted on the application of one or more but not of all defendants, the trial of the other defendants must proceed unless the court otherwise directs.