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566.08 Adjournment; security for rent.

The court, in its discretion, may adjourn the trial, but not beyond six days after the return day, unless by consent of parties; but in all cases mentioned in section 566.03, except in an action upon a written lease signed by both parties thereto, if the defendant, or the defendant's agent or attorney, shall make oath that the defendant cannot safely proceed to trial for want of a material witness, naming the witness, and that the defendant has made due exertion to obtain the witness, and believes that, if such adjournment be allowed, the defendant will be able to procure the attendance of such witness at the trial, or the witness' deposition, and shall give bond conditioned to pay to the plaintiff all rent which may accrue during the pendency of the action, and all costs and damages consequent upon such adjournment, the court shall adjourn the trial for such time as may appear necessary, not exceeding three months.

HIST: (9154) RL s 4043; 1981 c 168 s 6; 1986 c 444

* NOTE: This section is repealed by Laws 1998, chapter 253, *section 80, effective July 1, 1999. Laws 1998, chapter 253, *section 81.

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