When a party applies for a continuance on account of the absence of a material witness, the adverse party may require him to disclose on oath what facts he intends to prove by such witness, and if the adverse party admits that if the witness were present he would testify as stated in the affidavit, the court shall proceed to the trial of the case.
Art. 1604.Prevention of Continuance By Admission of Adverse Party
Book II. Ordinary Proceedings · Title V. Trial · Chapter 3. Continuance · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1604 lets the adverse party head off a continuance sought because a material witness is absent by demanding, under oath, what facts that witness was expected to prove, and then admitting the witness would have testified accordingly, at which point the court must proceed to trial.
Full Text of Art. 1604
Plain-English Summary
When a party seeks a continuance because a material witness is absent, Article 1604 gives the opponent a way to test that request. The opponent can require the party seeking the continuance to disclose, on oath, exactly what facts it intended to prove through that witness.
If the opponent then admits that the witness, if present, would testify as described, the need for the continuance disappears. The court proceeds to trial as scheduled, because the substance of the expected testimony is now before the court through the opponent's admission.
The admission is narrower than it might first appear. It concedes only what the witness would say, not that those facts are true. The party who admitted the expected testimony can still dispute its accuracy or weight at trial; it has traded a delay for a stipulated substitute it can still argue against.
Frequently Asked Questions
How can the opposing party stop a continuance based on a missing witness?
By admitting that, if the witness were present, the witness would testify to the facts disclosed under oath by the party seeking the continuance.
Does this admission mean the opposing party agrees the witness's expected testimony is true?
No. It admits only that the witness would testify to those facts if present; the parties can still dispute the truth or weight of that testimony at trial.
What must the party seeking the continuance disclose first?
On oath, the facts it intends to prove through the absent witness.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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