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§ 15-11-7 Affidavit to support continuance on absence of witness--Contents.

SD Codified L § 15-11-7 (2019) (N/A)
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15-11-7. Affidavit to support continuance on absence of witness--Contents. An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:

(1) The name and residence of such witness, or if unknown, the efforts made to ascertain the same;

(2) The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;

(3) The reason why the deposition of the witness was not taken;

(4) What efforts have been made to obtain the attendance of the witness or his testimony;

(5) Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court.Source: SDC 1939 & Supp 1960, § 33.1117.

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§ 15-11-6 Time for application for continuance--Written motion and affidavit required--Hearing.
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§ 15-11-8 Counteraffidavits on application for continuance.