Section 510.100

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 510

Effective - 28 Aug 1943   

  510.100.  Applications for a continuance on account of absence of witnesses shall show what. — Applications for a continuance on account of the absence of witnesses or their evidence shall show

  (1)  The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the applicant to obtain such witness or testimony;

  (2)  The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same, and also facts showing reasonable grounds of belief that the attendance or testimony of such witness will be procured at the date to which the action may be continued or set for trial;

  (3)  What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove or so fully prove the same facts;

  (4)  That such witness is not absent by the connivance, consent, or procurement of the applicant, and such application is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial.

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(RSMo 1939 § 1090, A.L. 1943 p. 353 § 94)

Prior revisions: 1929 § 939; 1919 § 1389; 1909 § 1959