§ 1-9-101 — Contents of affidavit showing lack of evidence or absent witness; procedure if evidence admitted

Wyoming § 1-9-101

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 9: CONTINUANCES

Text

(a) A motion to postpone the trial of a case because of
the lack of evidence shall be supported by affidavit showing:
(i) The materiality of the evidence expected to be
obtained;
(ii) That due diligence has been used to obtain the
evidence; and
(iii) Where it is expected the evidence may be found.
(b) If the postponement is because of an absent witness,
the affidavit shall also state:
(i) Where the witness resides, if known;
(ii) The probability of procuring the testimony
within a reasonable time;
(iii) That absence of the witness was not procured by
the act or connivance of the party seeking the postponement, nor
by others at his request or with his knowledge or consent;
(iv) The facts the witness is expected to prove and
that affiant believes the facts as stated to be true; and
(v) Such facts cannot be proven by any other witness
whose testimony can be as readily procured.
(c) If the adverse party consents that, on the trial, the
facts stated in the affidavit will be taken as true, if the
evidence is written or documentary, or in case of an absent
witness that the witness will testify to the facts stated in the
affidavit as true, the trial shall not be postponed for that
cause. The party against whom the evidence is offered may
impeach the evidence of an absent witness the same as when the
witness is present or his deposition is used.