Nevada Revised Statutes
Nev. Rev. Stat. § 16.010 (2026)
Motion to postpone trial on ground of absence of evidence
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NRS 16.010 Motion to postpone trial on ground of absence of evidence. A motion to postpone a trial, on the ground of
the absence of evidence, shall only be made upon affidavit showing the
materiality of the evidence expected to be obtained, and that due diligence has
been used to procure it. The court may also require the moving party to state
upon affidavit the evidence which the moving party expects to obtain; and if
the adverse party thereupon admit that such evidence would be given and that it
be considered as actually given on the trial, or offered and overruled as
improper, the trial shall not be postponed.
[1911 CPA § 260; RL § 5202; NCL § 8758]
Notes of Decisions
Cited in 2
cases, 1967–1980 · leading case: Smith v. Timm, 606 P.2d 530 (Nev. 1980).
Smith v. Timm, 606 P.2d 530 (Nev. 1980). “See DCR 21 and NRS 16.010. We disagree. Respondents’ counsel fully explained to the court why he had relied upon the Timm deposition.”
Piazza v. Reid, 424 P.2d 413 (Nev. 1967). “Even though the testimony of the absent witness was material to appellants’ case, it was incumbent upon them to file an affidavit in order to establish standing to attack the district court’s discretion.”
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