Motions for continuance: Contents, service of affidavits; counter-affidavits; argument

Rules of the District Court of the State of Nevada

Rule: 14

Jurisdiction: NV

Bluebook Citation: DCR 14

1. All motions for the continuance of cases shall be made on affidavit except where it shall appear to the court that the moving party did not have time to prepare an affidavit, in which case counsel for the moving party need only be sworn and orally testify to the same factual matters as hereinafter required for an affidavit. 2. When a motion for the continuance of a cause is made on the ground of absence of witnesses, the affidavit shall state: (a) The names of the absent witnesses and their present residences, if known. (b) What diligence has been used to procure their attendance or their depositions, and the causes of a failure to procure the same. (c) What the affiant has been informed and believes will be the testimony of each of such absent witnesses, and whether or not the same facts can be proven by other witnesses than parties to the suit whose attendance or depositions might have been obtained. (d) At what time the applicant first learned that the attendance or depositions of such absent witnesses could not be obtained. (e) That the application is made in good faith and not merely for delay. 3. No continuance will be granted unless the affidavit upon which it is applied for conforms to this rule, except where the continuance is applied for in a mining case upon the special ground provided by NRS 16.020 . 4. Copies of the affidavits upon which a motion for a continuance is made shall be served upon the opposing party as soon as practicable after the cause for the continuance shall be known to the moving party. 5. Counter-affidavits may be used in opposition to the motion. 6. No amendments or additions to affidavits for continuance will be allowed at the hearing on the motion and the court may grant or deny the motion without further argument. [Added; effective January 1, 1980.]

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.