Hammond, LA asked in Criminal Law for Louisiana

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

Related Topics:
1 Lawyer Answer
J. Heath Dillon
J. Heath Dillon
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.