First Adopted: January 19, 1973
Most Recently Effective: January 01, 2025
Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances
65.04 | Motion for a Continuance on Account of Absence of Witnesses Shall Show What
A motion for a continuance on account of the absence of witnesses or their evidence shall show:
(1)
The facts showing the materiality of the evidence sought to be obtained
and due diligence upon the part of the movant to obtain such witness or
testimony;
(2) The
name and residence of such witness, if known, or, if not known, the use
of diligence to obtain the same and also facts showing reasonable
grounds for belief that the attendance or testimony of such witness will
be procured within a reasonable time;
(3)
What particular facts the movant believes the witness will prove, and
that the movant knows of no other person whose evidence or attendance
the movant could have procured at the trial by whom the movant can prove
or so fully prove the same facts;
(4)
That such witness is not absent by the connivance, consent or
procurement of the movant, and such motion is not made for vexation or
delay but in good faith for the purpose of obtaining a fair and
impartial trial.
(Amended January 19, 1973, effective September 1, 1973; amended September 28, 1993, effective January 1, 1994; amended March 5, 2024, effective January 1, 2025.)