Hammond, LA asked in Criminal Law for Louisiana

Q: La CCP art 713 does it mean if both lawyers agree judge must grant continuance?

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1 Lawyer Answer
J. Heath Dillon
J. Heath Dillon
Answered
  • Criminal Law Lawyer
  • Leesville, LA
  • Licensed in Louisiana

A: No, both parties need not agree under LA C.Cr.P. Article 713 on the need for a continuance based on peremptory grounds. Such grounds only exist, however, when one party can show that despite due diligence they have been unable to obtain necessary evidence and need more time to do so or a necessary witness is not available, through no fault of the requesting party. In such case, the judge SHALL grant a continuance even over the objection of the other party. Hope this makes sense.

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