Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 595.4 — Issues—The Mode of Trial and Postponements

Cal. Civ. Proc. Code § 595.4

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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…

Citator

Cal. Civ. Proc. Code § 595.4 — Issues—The Mode of Trial and Postponements is in force in the current edition of the Code, and nothing recorded condemns it.

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.