A motion for a continuance, on account of the absence of evidence, can 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, and where the evidence may be; and if it is for an absent witness, the affidavit must show where the witness resides, if his residence is known to the party, and the probability of procuring his testimony within a reasonable time, and what facts he believes the witness will prove, and that he believes them to be true. If thereupon, the adverse party will consent that on the trial the facts, alleged in the affidavit shall be read and treated as the deposition of the absent witness, or that the facts in relation to other evidence shall be taken as proved to the extent alleged in the affidavit, no continuance shall be granted on the ground of the absence of such evidence.
§ 668.Affidavit For Continuance
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 668 requires a continuance sought for absent evidence to rest on an affidavit showing the evidence's materiality and diligence used to obtain it, but bars the continuance if the opposing party stipulates to treat the affidavit's facts as proven or as the witness's deposition.
Full Text of § 668
Amendment History
R.L. 1910, § 5045.
Plain-English Summary
A continuance for missing evidence needs more than a request; Section 668 requires an affidavit. It must show that the evidence is material, that the moving party used due diligence to get it, and where the evidence can be found. For an absent witness specifically, the affidavit must also give the witness's residence, if known, the likelihood of getting that testimony within a reasonable time, and the facts the party believes the witness would prove, along with a statement that the party believes those facts are true.
The opposing party can head off the continuance entirely. If that party agrees to let the affidavit's stated facts be read and treated at trial as the absent witness's deposition, or to treat the facts about other evidence as proved to the extent the affidavit alleges, no continuance is granted on account of that evidence.
Frequently Asked Questions
What must an affidavit for a continuance show?
The materiality of the evidence expected, that due diligence was used to obtain it, and where the evidence may be found.
What extra information does the affidavit need for an absent witness?
The witness's residence if known, the likelihood of procuring the testimony within a reasonable time, the facts the witness is expected to prove, and the party's belief that those facts are true.
Can the other side avoid a continuance by agreeing to the affidavit's claims?
Yes, if the adverse party consents to treat the affidavit's stated facts as the absent witness's deposition, or as proved to the extent alleged, no continuance is granted for that evidence.
Does this section apply to continuances requested for any reason?
No, it applies specifically to a continuance sought on account of the absence of evidence.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma affidavit for continuance12 O.S. § 668continuance absent witness affidavitstipulate to expected testimony avoid continuance