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      CCRP 709     


Art. 709.  Continuance based on absence of a witness

A.  A motion for a continuance based upon the absence of a witness shall state all of the following:

(1)  Facts to which the absent witness is expected to testify, showing the materiality of the testimony and the necessity for the presence of the witness at the trial.

(2)  Facts and circumstances showing a probability that the witness will be available at the time to which the trial is deferred.

(3)  Facts showing due diligence used in an effort to procure attendance of the witness.

B.  In addition to the requirements set forth in Paragraph A of this Article, when the motion for continuance is based upon the absence of a witness who is in the armed forces, the moving party, either the district attorney or the defense counsel, shall attest to facts showing that the absent witness is on active military duty in the United States Armed Forces.

Acts 2010, No. 744, §1, eff. June 29, 2010.

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