Section 710 – Prevention of continuance by admission of adverse party

May 13, 2021 | Crimianl Procedure, Louisiana

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 the court is of the opinion that despite the admission, the case cannot be tried with justice to the applicant, it may require the adverse party to admit also the truth of the testimony as a condition of refusing to grant the continuance.

La. Cr.P. ยง 710