08 30 MOTION FOR CONTINUANCE BECAUSE OF ABSENT MATERIAL WITNESS

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

08-30 MOTION FOR CONTINUANCE BECAUSE OF ABSENT MATERIAL WITNESS

[CAPTION]MOTION FOR CONTINUANCE BECAUSE OF ABSENT MATERIAL WITNESS

Defendant moves to continue the trial in this case from its current setting of [date of trial setting], and [he/she] states as follows:

1. Defendant has attempted to procure the attendance of [name of absent witness] at the trial in this case, and the defense issued a subpoena for the witness which has not been served because the witness cannot yet be found. Defendant has acted with diligence in seeking to procure the witness's attendance, and it is likely that the witness will be found because [describe process server's efforts and likelihood of finding witness].

2. This witness has material testimony because Defendant submits that [he/she] will testify as follows: [make offer of witness's testimony which must be included in an affidavit, see Note ¶ 2]. This testimony is not merely cumulative, and the witness is necessary to the defense case.

3. This is good cause for a continuance. Ark. R. Crim. P. 27.3.

4. Defendant...