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16-19-603. Continuances — Testimony of adverse party's witness.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-19-603. Continuances — Testimony of adverse party's witness.

16-19-603. Continuances — Testimony of adverse party's witness. (a) Either party may obtain a postponement of the cause not exceeding thirty (30) days, on account of the absence of evidence by filing an affidavit like that required in § 16-63-402, subject to such terms as the court may impose. (b) Either party who shall apply for the postponement of a cause shall, if required by the adverse party, consent that the testimony of any witness of the adverse party who is in attendance be then taken to be used on the trial of the cause.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-603

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:16-19-603
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b34f115df6d9b34e783e9ea4224a969415a9a32907d727ce9de1bdd1bfb26ee7

Source location: content.xml paragraph 11219

Stored source content

16-19-603. Continuances — Testimony of adverse party's witness. (a) Either party may obtain a postponement of the cause not exceeding thirty (30) days, on account of the absence of evidence by filing an affidavit like that required in § 16-63-402, subject to such terms as the court may impose. (b) Either party who shall apply for the postponement of a cause shall, if required by the adverse party, consent that the testimony of any witness of the adverse party who is in attendance be then taken to be used on the trial of the cause.

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Arkansas Code — all titles (historical 2020) · legal_authorities

16-63-402. Continuance for absence of evidence or witness.

16-63-402. Continuance for absence of evidence or witness. (a) A motion to postpone a trial on account of the absence of evidence shall, if required by the opposite party, 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. If the motion is for an absent witness, the affidavit must show what facts the affiant believes the witness will prove and not merely show the effect of the facts in evidence, that the affiant believes them to be true, and that the witness is not absent by the consent, connivance, or procurement of the party asking the postponement. (b) If thereupon the adverse party will admit that on trial the absent witness, if present, would testify to the statement contained in the application for a continuance, then the trial shall not be postponed for that cause. However, the opposite party may controvert the statement so set forth in the motion for continuance by evidence.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-63-402

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-63-402. This identifies an authority to review, not proof of applicability.