15-11-9. Admission of testimony to avoid continuance--Reading of testimony.
Unless, in the opinion of the court, justice shall require it, the trial will not be continued or postponed on account of the absence of a witness, if the adverse party will admit that the witness, if present, would testify as stated in the affidavit; but in such case the applicant may read the testimony of such witness as stated in his affidavit, subject to all proper objections which might be interposed if the witness were present.
Source: SDC 1939 & Supp 1960, ยง33.1118.
Structure South Dakota Codified Laws
Chapter 11 - Circuit Court Calendar And Continuances
Section 15-11-1 - Trial calendar.
Section 15-11-3 - Designation of days for trial of issues of law.
Section 15-11-4 - Postponement of trial or hearing.
Section 15-11-7 - Affidavit to support continuance on absence of witness--Contents.
Section 15-11-8 - Counteraffidavits on application for continuance.
Section 15-11-9 - Admission of testimony to avoid continuance--Reading of testimony.
Section 15-11-10 - Terms imposed on continuance or postponement.
Section 15-11-10.1 - Continuance by stipulation of all parties.