What is the test for obtaining a continuance of a trial where there is no material witness?

California, United States of America


The following excerpt is from People v. Allison, E064502 (Cal. App. 2017):

The trial court shall grant a trial continuance only on a showing of good cause. ( 1050, subd. (e).) The absence of a material witness constitutes one ground for a trial continuance. To establish good cause for such a continuance, a defendant must show (1) due diligence in securing the witness's attendance, (2) the witness's expected testimony is material and not cumulative, (3) the defendant can obtain the witness's testimony within a reasonable time, and (4) the defendant cannot otherwise prove the facts to which the witness would testify. (People v. Howard (1992) 1 Cal.4th 1132, 1171.)

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