Okla. Stat. tit. 12, § 12-668
This is the official text of Okla. Stat. tit. 12, § 12-668, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Affidavit for continuance
Official statutory text
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 Page 107
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.
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 Page 107
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.
Status: in_force · Read it on the official government site
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