Chapter 9 - Continuances - Wyoming Statutes

CHAPTER 9 - CONTINUANCES

 

1-9-101. Contents of affidavit showing lack of evidence or absentwitness; procedure if evidence admitted.

 

(a) A motion to postpone the trial of a case because of thelack of evidence shall be supported by affidavit showing:

 

(i) The materiality of the evidence expected to be obtained;

 

(ii) That due diligence has been used to obtain the evidence;and

 

(iii) Where it is expected the evidence may be found.

 

(b) If the postponement is because of an absent witness, theaffidavit shall also state:

 

(i) Where the witness resides, if known;

 

(ii) The probability of procuring the testimony within areasonable time;

 

(iii) That absence of the witness was not procured by the act orconnivance of the party seeking the postponement, nor by others at his requestor with his knowledge or consent;

 

(iv) The facts the witness is expected to prove and that affiantbelieves the facts as stated to be true; and

 

(v) Such facts cannot be proven by any other witness whosetestimony can be as readily procured.

 

(c) If the adverse party consents that, on the trial, the factsstated in the affidavit will be taken as true, if the evidence is written ordocumentary, or in case of an absent witness that the witness will testify tothe facts stated in the affidavit as true, the trial shall not be postponed forthat cause. The party against whom the evidence is offered may impeach theevidence of an absent witness the same as when the witness is present or hisdeposition is used.

 

1-9-102. Continuance for good cause.

 

Anycourt, for good cause shown may continue any action at any stage of theproceedings at the cost of the applicant, to be paid as the court shall direct.