1. 911(1) A continuance may be allowed for any cause not growing out of the fault or negligence of the movant, which satisfies the court that substantial justice will be more nearly obtained. It shall be allowed if all parties so agree and the court approves.1. 911(2) All such motions based on absence of evidence must be supported by affidavit of the party, the party’s agent or attorney, and must show the following:
a. The name and residence of the absent witness, or, if unknown, that affiant has used diligence to ascertain them.b. What efforts, constituting due diligence, have been made to obtain the witness or the witness’ testimony, and facts showing reasonable grounds to believe the testimony will be procured by a certain, specified date.c. What particular facts, distinct from legal conclusions, affiant believes the witness will prove, affiant believes the facts to be true, and affiant knows of no other witness by whom the facts can be fully proved.1. 911(3) If the court finds such motion sufficient, the adverse party may avoid the continuance by admitting that the witness if present, would testify to the facts therein stated, as the evidence of such witness.
Iowa. R. Civ. P. 1.911
Report 1943; amendment 1961; amendment 1980; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
