On all applications for a continuance the party shall set forth in his affidavit the facts which he expects to prove by his absent witness or documents that the court may judge of the materiality of such facts, the name and residence of the absent witness, that he has used due diligence to procure the absent documents, or presence of the absent witness, as the case may be, stating in what such diligence consists, and that the continuance is not sought for delay only, but that justice may be done. The court may grant or deny a continuance, in its discretion, and may of its own motion cross-examine the party making the affidavit. The attorneys for the other side may also cross-examine and may introduce evidence by affidavit or otherwise for the purpose of showing to the court that a continuance should be denied. No application for a continuance shall be considered in the absence of the party making the affidavit, unless his absence be accounted for to the satisfaction of the court. A denial of the continuance shall not be ground for reversal unless the supreme court shall be satisfied that injustice resulted therefrom.
Structure Mississippi Code
Chapter 15 - Pretrial Proceedings
§ 99-15-1. Conservators of peace; defined
§ 99-15-3. Conservators of peace; power to take bonds and recognizances; forfeiture
§ 99-15-5. Conservators of the peace; arrest and commitment of offenders
§ 99-15-7. Conservators of the peace; prosecutor and witnesses may be required to give bond
§ 99-15-9. Conservators of the peace; subpoenas
§ 99-15-11. Conservators of the peace; search warrant for stolen property
§ 99-15-15. Appointment of counsel for indigents
§ 99-15-17. Compensation of counsel; amount
§ 99-15-19. Compensation of counsel; reimbursement of county in certain cases
§ 99-15-21. Compensation of counsel; method of payment
§ 99-15-23. Plea entered when defendant stands mute
§ 99-15-24. Where to make motions or enter guilty pleas
§ 99-15-27. Copy of indictment and special venire to be given defendant in capital cases
§ 99-15-28. Accused entitled to copy of affidavit or indictment without cost
§ 99-15-29. Continuance; application
§ 99-15-31. Continuance; capital cases
§ 99-15-33. Continuance; admission of facts in absence of witness
§ 99-15-35. Change of venue; how need shown; grounds
§ 99-15-37. Change of venue; transfer of records to removal court
§ 99-15-41. Change of venue; correcting errors in record
§ 99-15-43. Change of venue; capital cases
§ 99-15-45. Change of venue; costs paid by county from which venue is changed
§ 99-15-47. Joint indictments; severance in felonies
§ 99-15-49. Joint indictments; severance in misdemeanors
§ 99-15-51. Dismissal of petty misdemeanor charge upon satisfaction of injured party
§ 99-15-55. Trial where it appears that accused is only guilty of misdemeanor