California § 595.4. 595.4. (Added by Stats. 1965, Ch. 1989.)

California Statutes

§ 595.4. — 595.4. (Added by Stats. 1965, Ch. 1989.)

California·Code CCP Code of Civil Procedure - CCP·Title 8.·Part 2. TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS·Ch. 3. CHAPTER 3. Issues—The Mode of Trial and Postponements

A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed.

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A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed.

California § 595.4. (595.4. (Added by Stats. 1965, Ch. 1989.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.