§ 14-24. Motion to Postpone; Absent Witness; Missing Evidence
§ 14-24. Motion to Postpone; Absent Witness; Missing Evidence
(a)Whenever a motion is made for the postponement or continuance of a cause assigned for trial on account of the absence of a material witness, such motion, if the adverse party or the judicial authority requires it, shall be supported by an affidavit stating the name of the absent witness, if known, and the particular facts which, it is believed, may be proved by him or her, with the grounds of such belief. The judicial authority may refuse to continue such cause if there is no good reason why the party making the request did not make proper preparation to have the witness present or if the adverse party will admit that the absent witness would, if present, testify to the facts stated in the affidavit, and will agree that the same shall be received as evidence on the trial, in like manner as if the witness were present and had testified thereto. Such agreement shall be made in writing at the foot of the affidavit and signed by the party or attorney.
(b)The same rule shall apply where the motion is grounded on the want of any material document or other evidence that might be used on the trial.