CHAPTER 4. CONTINUANCE Art. 707. Motion for continuance; time for filing A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven […]
Art. 708. Continuance and recess; definitions A continuance is the postponement of a scheduled trial or hearing, and shall not be granted after the trial or hearing has commenced. A recess is a temporary adjournment of a trial or hearing that occurs after a trial or hearing has commenced.
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 […]
Art. 710. Prevention of continuance by admission of adverse party When a motion for a continuance is based on the absence of a material witness, and the adverse party admits that if the witness were present he would testify as stated in the motion, the court may proceed to the trial of the case. If […]
Art. 711. Trial of motion A motion for continuance, unless consented to, shall be tried summarily and contradictorily with the adverse party.
Art. 712. Discretionary grounds A motion for continuance, if timely filed, may be granted, in the discretion of the court, in any case if there is good ground therefor.
Art. 713. Peremptory grounds A motion for a continuance based upon peremptory grounds as provided by law shall be granted. Amended by Acts 1982, No. 734, §1, eff. Jan. 1, 1983.
Art. 714. Continuance to defendants jointly indicted When defendants are jointly indicted and a continuance is granted to one of them, the court may grant a continuance to any of the others, on his motion. However, a continuance granted to one defendant shall not deprive other jointly indicted defendants of a prompt trial unless the […]
Art. 715. Continuance to definite date or indefinitely In granting the continuance, the judge shall fix the date upon which the trial or hearing shall proceed, if then practicable, except when both parties ask that no date be set.
