Local Rule 16
INABILITY
TO PRODUCE WITNESS
16. (A) In all
applications for the continuance of a case on the ground of inability to
procure testimony of an absent witness, the party making the application shall
state in his affidavit what he expects to prove by such witness, and also, what
acts of diligence he has employed to procure the testimony of such witness.
16. (B) If the Court finds the
testimony material and that due diligence has been used, said cause may be
continued unless the opposite party consents to the reading of such affidavit
in evidence, in which case the trial may proceed and said affidavit will be
read at the trial and treated as a deposition of the absent witness.