RULE 2-508. CONTINUANCE OR POSTPONEMENT
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 2-508
RULE 2-508. CONTINUANCE OR POSTPONEMENT
(c) Absent Witness. A motion for a continuance or postponement on the ground that a necessary witness is absent shall be supported by an affidavit. The affidavit shall state: (1) the intention of the affiant to call the witness at the proceeding, (2) the specific facts to which the witness is expected to testify, (3) the reasons why the matter cannot be determined with justice to the party without the evidence, (4) the facts that show that reasonable diligence has been employed to obtain the attendance of the witness, and (5) the facts that lead the affiant to conclude that the attendance or testimony of the witness can be obtained within a reasonable time. The court may examine the affiant under oath as to any of the matters stated in the affidavit and as to the information or knowledge relied upon by the affiant in determining those facts to which the witness is expected to testify. If satisfied that a sufficient showing has been made, the court shall continue or postpone the proceeding unless the opposing party elects to stipulate that the absent witness would, if present, testify to the facts stated in the affidavit, in which event the court may deny the motion.
Cross reference: See Rule 16-804 for postponements or continuances for conflicting case assignments or legislative duties.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 527 a 1.
Section (b) is derived from former Rule 526.
Section (c) is derived from former Rule 527 c 1, 2, 3, and 4.
Section (d) is derived from former Rule 527 e.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended Sept. 10, 2009, eff. Oct. 1, 2009; June 20, 2017, eff. Aug. 1, 2017; Oct. 10, 2017, eff. Jan. 1, 2018.]
MD Rules, Rule 2-508, MD R RCP CIR CT Rule 2-508
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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