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.