Oklahoma § 12-668 - Affidavit for continuance

§ 12-668. Affidavit for continuance

A motion for a continuance, on account of the absence of

evidence, can be made only upon affidavit, showing the materiality

of the evidence expected to be obtained, and that due diligence has

been used to obtain it, and where the evidence may be; and if it is

for an absent witness, the affidavit must show where the witness

resides, if his residence is known to the party, and the probability

of procuring his testimony within a reasonable time, and what facts

he believes the witness will prove, and that he believes them to be

true. If thereupon, the adverse party will consent that on the

trial the facts, alleged in the affidavit shall be read and treated

Oklahoma Statutes - Title 12. Civil Procedure

as the deposition of the absent witness, or that the facts in

relation to other evidence shall be taken as proved to the extent

alleged in the affidavit, no continuance shall be granted on the

ground of the absence of such evidence.

R.L. 1910, § 5045.