Circuit Court Probate Division Rules Table of Contents
No Motion for a continuance based on the unavailability of
material testimony shall be granted, unless supported by an affidavit stating
the name of the witness, if known, whose testimony is unavailable, the
particular facts the witness is expected to prove with the grounds of such
expectation, and what has been done to procure his or her attendance or
deposition, so that the Court may determine whether due diligence has been
exercised for that purpose. No action shall be continued on such Motion if the
adverse Party will agree that the affidavit shall be received and considered as
evidence in like manner as if the witness were present and had testified to the
facts therein stated, and such agreement shall be in writing at the foot of the
affidavit and signed by the Pro Se Party or Attorney.