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§ 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 […]

§ 16-63-403. No continuance until costs paid

No order of continuance takes effect until the plaintiff or, if the continuance has been granted upon the motion of the defendant, the defendant has made or secured the payment of all costs of the action, due for the term in which the continuance is granted.

§ 16-63-404. Dismissal in vacation

The plaintiff or his or her attorney may dismiss any suit, except actions of replevin, pending in any of the courts of this state, in vacation, in the office of the clerk on the payment of all costs that may have accrued therein.