510.100. Applications for a continuance on account of absence of witnesses shall show what. - Missouri Statutes

Applications for a continuance on account of absence of witnessesshall show what.

510.100. Applications for a continuance on account of theabsence of witnesses or their evidence shall show

(1) The facts showing the materiality of the evidence soughtto be obtained and due diligence upon the part of the applicantto obtain such witness or testimony;

(2) The name and residence of such witness, if known, or, ifnot known, the use of diligence to obtain the same, and alsofacts showing reasonable grounds of belief that the attendance ortestimony of such witness will be procured at the date to whichthe action may be continued or set for trial;

(3) What particular facts the affiant believes the witnesswill prove, and that he knows of no other person whose evidenceor attendance he could have procured at the trial, by whom he canprove or so fully prove the same facts;

(4) That such witness is not absent by the connivance,consent, or procurement of the applicant, and such application isnot made for vexation or delay, but in good faith for the purposeof obtaining a fair and impartial trial.

(RSMo 1939 § 1090, A.L. 1943 p. 353 § 94)

Prior revisions: 1929 § 939; 1919 § 1389; 1909 § 1959