Supreme Court Rules - Rule 65 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Continuances: Affidavit for Continuance - Amendment

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Supreme Court Rules

		Section/Rule:	65.05
Subject:	Rule 65 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Continuances	Publication / Adopted Date:	January 19, 1973
Topic:	Affidavit for Continuance - Amendment - Admission of Facts Set Forth	Revised / Effective Date:	September 1, 1973

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.

(Amended Jan. 19, 1973, eff. Sept. 1, 1973.)

Committee Note - 1974

This is substantially the same as prior Rule 65.05 except that the last sentence was substituted for:

". . . the opposing party may disprove the facts disclosed or prove any contradictory statements made by such absent witness in relation to the matter in issue and on trial."