California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 3 — Issues—The Mode of Trial and Postponements, Section 595.4

A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed.

Notes

Limits a motion to postpone trial because evidence is absent to an affidavit showing the expected evidence is material and due diligence was used to obtain it. For an absent material witness, the court may require the expected testimony stated by affidavit; if the opponent admits that treatment at trial, postponement must be denied.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 595.4 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-3/section-595-4

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