§ 65.05 Affidavit for Continuance--Amendment--Admission of Facts Set Forth

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 65 > 65.05

65.05. Affidavit for Continuance--Amendment--Admission of Facts Set Forth

    If the court shall be of the opinion that the affidavit is insufficient, it shall permit it to be amended. If, after such amendment, the affidavit does not contain a sufficient statement of facts, the court shall overrule it. If the court finds the affidavit sufficient, the civil action shall be continued unless the opposing party will admit that the witness, if present, would swear to the facts set out in the affidavit, in which event the civil action shall not be continued. The party moving for the continuance may read as the evidence of such witness the facts stated in the affidavit. The opposing party may disprove the facts disclosed, or prove any contradictory statements made by the absent witness, or otherwise impeach the credibility of the absent witness.