Continuance For Evidence

A motion for the continuance of a case on account of the absence of material evidence must be supported by an affidavit showing that due diligence has been used to obtain such evidence or the want of time to get it and of what particular facts the same consists, the place of residence of the witness, if known, and that if further time is given such evidence can be procured.

R. S., ch. 110, sec. 62.

Immaterial Evidence - Affidavit Admitted

If the court is satisfied that such evidence is immaterial or if the other party will admit the affidavit in evidence, the case shall not be postponed.

Sec. 63.

Effect Of Admitting Affidavit

The party admitting such affidavit admits only that if the absent witness were present he would testify as alleged in the affidavit; the statements in such affidavit may be controverted or the witness impeached the same as if he were present and examined in open court.

Sec. 64.

Continuance In Time Of War

There may be a continuance of the case if the defendant is in the military service of the United States, or of this state in time of war or insurrection, if defendant's appearance is necessary, or if it appears by affidavit that any party or attorney in the case is a member of the legislature and in actual attendance on the sessions thereof and that the attendance of such parties or attorney is necessary to a fair and proper trial of such suit; when a case is so continued no trial or other proceedings shall be had until ten days after the adjournment of the legislature.

Secs. 65 and 66.

Cases Excepted

The foregoing section shall not apply to applications for continuance because of the absence of any attorney who shall not have been actually employed in such suit prior to the commencement of such session of the general assembly.

Sec. 67.