(a) Whenever a motion is made for the postponement or continuance of a cause assigned for trial on account of the absence of a material witness, such motion, if the adverse party or the judicial authority requires it, shall be supported by an affidavit stating the name of the absent witness, if known, and the particular facts which, it is believed, may be proved by him or her, with the grounds of such belief. The judicial authority may refuse to continue such cause if there is no good reason why the party making the request did not make proper preparation to have the witness present or if the adverse party will admit that the absent witness would, if present, testify to the facts stated in the affidavit, and will agree that the same shall be received as evidence on the trial, in like manner as if the witness were present and had testified thereto. Such agreement shall be made in writing at the foot of the affidavit and signed by the party or attorney.
Section 14-24.Motion To Postpone; Absent Witness; Missing Evidence
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule sets the requirements for postponing a trial because a material witness or document is unavailable, including a supporting affidavit and a chance for the other side to avoid delay by admitting the missing evidence.
Full Text of Section 14-24
(b) The same rule shall apply where the motion is grounded on the want of any material document or other evidence that might be used on the trial.
Amendment History
(P.B. 1978-1997, Sec. 280.)
Plain-English Summary
When a party asks to postpone or continue a trial because a material witness cannot be present, the adverse party or the court may require the request to be backed by an affidavit. That affidavit must name the absent witness, if known, and state the particular facts the witness is believed able to prove, along with the grounds for that belief.
The court may refuse to grant the continuance in two situations. First, if there is no good reason why the party seeking the delay failed to properly prepare to have the witness present. Second, if the opposing party agrees to admit that the absent witness would testify to the facts stated in the affidavit, and agrees that those facts can be received as evidence at trial as though the witness had testified. That agreement must be written at the foot of the affidavit and signed by the party or attorney.
The same rule applies when the motion is based on the absence of a material document or other evidence needed for trial, rather than a witness.
Frequently Asked Questions
What must an affidavit for a missing witness continuance include?
It must state the name of the absent witness, if known, and the particular facts the witness is believed able to prove, along with the grounds for that belief.
Can a court deny a continuance even if a witness is absent?
Yes, the court may refuse the continuance if there is no good reason the party did not properly prepare to have the witness present.
How can the opposing party avoid a delay under this rule?
The opposing party can agree in writing, at the foot of the affidavit, that the absent witness would testify to the stated facts and that those facts may be received as evidence just as if the witness had testified in person.
Does this rule cover missing documents as well as missing witnesses?
Yes, subsection (b) applies the same rule to a motion grounded on the want of a material document or other evidence needed at trial.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 14-24). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: motion to continue absent witness CTmissing evidence postpone trial Connecticutaffidavit for continuance witnessConnecticut Practice Book 14-24postpone trial missing document