What is the test for a motion for a continuance to secure the attendance of a witness?

MultiRegion, United States of America

The following excerpt is from Almeda v. Mcdonald, No. CIV S-09-1558-MCE-TJB (E.D. Cal. 2010):

[Petitioner] argues the court erred in denying his motion for a continuance. When a party seeks a continuance to secure the attendance of a witness, the party must show: (1) he or she has exercised due diligence to secure the witness's attendance, (2) the witness's expected testimony is material and not cumulative, (3) the testimony can be obtained within a reasonable time, and (4) the facts to which the witness would testify cannot otherwise be proven. (People v. Jenkins (2000) 22 Cal.4th 900, 1037 (Jenkins))

Other Questions


What is the test for a motion to stay a motion by the Department of Homeland Security to stay the motion? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Can a court refuse to entertain a motion on a motion that alleges that the motionant was unaware of the relevant facts at the time it was brought? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.