§ 9-10-160. Absence of witnesses; showing required

§ 9-10-160. Absence of witnesses; showing required

 

All applications for continuances upon the ground of the absence of a witness shall show to the court:

 

(1) That the witness is absent;

 

(2) That he has been subpoenaed;

 

(3) That he does not reside outside of the state;

 

(4) That his testimony is material;

 

(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;

 

(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;

 

(7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and

 

(8) The facts expected to be proved by the absent witness.