Absence of Material Witness

Every motion for a continuance based upon absence of a material witness must be accompanied by the affidavit of the moving party or attorney, setting forth the efforts made to procure attendance and the facts expected to be proved by the witness. If the opposite party admits that the witness, if called, would testify as set forth in the affidavit, the court may, in its discretion, deny the motion. [Amended February 1, 2011]