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

California Statutes

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

California § 595.4.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title8.

Part 2.TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS

Ch. 3.CHAPTER 3. Issues—The Mode of Trial and Postponements

This text of California § 595.4. (595.4. (Added by Stats. 1965, Ch. 1989.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 595.4. (2026).

Text

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.