Title 17, Chapter 8, Section 25
( 17-8-25)
In all applications for continuances upon the ground of the absence
of a witness, it shall be shown to the court that the witness is
absent; that he has been subpoenaed; that he does not reside more
than 100 miles from the place of trial by the nearest practical
route; that his testimony is material; that the witness is not
absent by the permission, directly or indirectly, of the applicant;
that the applicant expects he will be able to procure the testimony
of the witness at the next term of the court; that the application
is not made for the purpose of delay but to enable the applicant to
procure the testimony of the absent witness; and the application
must state the facts expected to be proved by the absent witness. |