60-240.Assignment of cases for trial; continuances.(a) Assignment of cases for trial. The district courts shallprovide by rule for the placing of actions upon the trial calendar (1)without request of the parties or (2) upon request of a party and notice tothe other parties or (3) in such other manner as the judge deems expedient.Precedence shall be given to actions entitled thereto by any statute of thestate.
(b) Continuances. The court may for good cause shown continue anaction at any stage of the proceedings upon such terms as may be just. Whena continuance is granted on account of the absence of evidence, it shall beat the cost of the party making the application, unless the court otherwiseorders.
(c) Affidavit in support of motions. The court need not entertainany motion for a continuance based on the absence of a material witnessunless supported by an affidavit which shall state the name of the witness,and, if known, the witness's residence, a statement of the witness'sexpected testimony and thebasis of such expectation, a statement that the affiant believes it to betrue, and the efforts which have been made to procure the witness's attendance ordeposition. The party objecting to the continuance shall not be allowed tocontradict the statement of what the absent witness is expected to testifybut may disprove any other statement in such affidavit. Such motion may, inthe discretion of the court, be denied if the adverse party will admit thatthe absent witness would, if present, testify as stated in the affidavit,and will agree that the same shall be received and considered as evidenceat the trial as though the witness were present and so testified. The samerule shall apply, with necessary changes, when the motion is grounded onthe want of any material document, thing or other evidence. In all cases,the grant or denial of a continuance shall be discretionary whether theforegoing provisions have been complied with or not.
60-240.Assignment of cases for trial; continuances.(a) Assignment of cases for trial. The district courts shallprovide by rule for the placing of actions upon the trial calendar (1)without request of the parties or (2) upon request of a party and notice tothe other parties or (3) in such other manner as the judge deems expedient.Precedence shall be given to actions entitled thereto by any statute of thestate.
(b) Continuances. The court may for good cause shown continue anaction at any stage of the proceedings upon such terms as may be just. Whena continuance is granted on account of the absence of evidence, it shall beat the cost of the party making the application, unless the court otherwiseorders.
(c) Affidavit in support of motions. The court need not entertainany motion for a continuance based on the absence of a material witnessunless supported by an affidavit which shall state the name of the witness,and, if known, the witness's residence, a statement of the witness'sexpected testimony and thebasis of such expectation, a statement that the affiant believes it to betrue, and the efforts which have been made to procure the witness's attendance ordeposition. The party objecting to the continuance shall not be allowed tocontradict the statement of what the absent witness is expected to testifybut may disprove any other statement in such affidavit. Such motion may, inthe discretion of the court, be denied if the adverse party will admit thatthe absent witness would, if present, testify as stated in the affidavit,and will agree that the same shall be received and considered as evidenceat the trial as though the witness were present and so testified. The samerule shall apply, with necessary changes, when the motion is grounded onthe want of any material document, thing or other evidence. In all cases,the grant or denial of a continuance shall be discretionary whether theforegoing provisions have been complied with or not.
60-240.Assignment of cases for trial; continuances.(a) Assignment of cases for trial. The district courts shallprovide by rule for the placing of actions upon the trial calendar (1)without request of the parties or (2) upon request of a party and notice tothe other parties or (3) in such other manner as the judge deems expedient.Precedence shall be given to actions entitled thereto by any statute of thestate.
(b) Continuances. The court may for good cause shown continue anaction at any stage of the proceedings upon such terms as may be just. Whena continuance is granted on account of the absence of evidence, it shall beat the cost of the party making the application, unless the court otherwiseorders.
(c) Affidavit in support of motions. The court need not entertainany motion for a continuance based on the absence of a material witnessunless supported by an affidavit which shall state the name of the witness,and, if known, the witness's residence, a statement of the witness'sexpected testimony and thebasis of such expectation, a statement that the affiant believes it to betrue, and the efforts which have been made to procure the witness's attendance ordeposition. The party objecting to the continuance shall not be allowed tocontradict the statement of what the absent witness is expected to testifybut may disprove any other statement in such affidavit. Such motion may, inthe discretion of the court, be denied if the adverse party will admit thatthe absent witness would, if present, testify as stated in the affidavit,and will agree that the same shall be received and considered as evidenceat the trial as though the witness were present and so testified. The samerule shall apply, with necessary changes, when the motion is grounded onthe want of any material document, thing or other evidence. In all cases,the grant or denial of a continuance shall be discretionary whether theforegoing provisions have been complied with or not.
