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Current as of January 01, 2023 | Updated by FindLaw Staff
Applications 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 applicant 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 of belief that the attendance or testimony of such witness will be procured at the date to which the action may be continued or set for trial;
(3) What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove 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 is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXV. Civil Procedure and Limitations § 510.100. Applications for a continuance on account of absence of witnesses shall show what - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxv-civil-procedure-and-limitations/mo-rev-st-510-100/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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