Admission of testimony to avoid continuance--Reading of testimony.

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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, §33.1118.


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