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2018 Georgia Code 9-10-1 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

ARTICLE 1 GENERAL PROVISIONS

9-10-1. Preference given to cases in which state is plaintiff.

Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the power vested in them by law to bring the cases to a speedy trial and, whenever required to do so by counsel for the state, shall take up the cases for trial and proceed to try the same, unless the defendant shows some good cause for continuance, when the case shall be continued to a future time in the same term, or to the next term, in the discretion of the court. Nothing in this Code section shall affect the right of the state to a continuance on a proper showing.

(Ga. L. 1876, p. 104, § 1; Code 1882, § 22a; Civil Code 1895, § 24; Civil Code 1910, § 24; Code 1933, § 81-1005; Ga. L. 1984, p. 22, § 9.)

JUDICIAL DECISIONS

On facts, motion for continuance by intervenor properly denied.

- All applications for a continuance are addressed to the sound legal discretion of the court, and in all cases the party making the application for a continuance must show that the party has exercised due diligence. Accordingly, in a civil action to which the state was a party, and which is accordingly entitled to priority of hearing, the court did not err in failing to grant a continuance on motion of the intervenor, based on the sole ground that the party had been absent from the state and had not heard of the case in time to make preparation for the hearing. Beazley v. DeKalb County, 87 Ga. App. 910, 75 S.E.2d 657, rev'd on other grounds, 210 Ga. 41, 77 S.E.2d 740 (1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 75 Am. Jur. 2d, Trial, §§ 76, 80, 83.

C.J.S.

- 88 C.J.S., Trial, § 77 et seq.

Cases Citing Georgia Code 9-10-1 From Courtlistener.com

Total Results: 5

Zarate-Martinez v. Echemendia

Court: Supreme Court of Georgia | Date Filed: 2016-07-05

Citation: 299 Ga. 301, 788 S.E.2d 405, 2016 Ga. LEXIS 450

Snippet: See Gliemmo v. Cousineau, 287 Ga. 7, 9-10 (1) (694 SE2d 75) (2010) (OCGA § 51-1-29.5(c), which“applie[d]

Black v. Black

Court: Supreme Court of Georgia | Date Filed: 2013-03-25

Citation: 292 Ga. 691, 740 S.E.2d 613, 2013 Fulton County D. Rep. 739, 2013 Ga. LEXIS 301

Snippet: the relevant evidence. Hunter v. Hunter, 289 Ga. 9, 10 (1) (709 SE2d 263) (2011) (citations and punctuation

Radioshack Corp. v. Cascade Crossing II, LLC

Court: Supreme Court of Georgia | Date Filed: 2007-10-29

Citation: 653 S.E.2d 680, 282 Ga. 841, 2007 Fulton County D. Rep. 3253, 2007 Ga. LEXIS 788

Snippet: B.F. Saul Real Estate Inv. Trust, 170 Ga. App. 9, 10 (1) (316 SE2d 21) (1984) (applying OCGA§ 13-1-11

Titelman v. Stedman

Court: Supreme Court of Georgia | Date Filed: 2003-12-01

Citation: 591 S.E.2d 774, 277 Ga. 460, 691 S.E.2d 774, 2003 Fulton County D. Rep. 3650, 2003 Ga. LEXIS 1049

Snippet: Court Rule 17.1. See English v. Milby, 233 Ga. 7, 9-10 (1) (209 SE2d 603) (1974) (sections of the CPA may

Allen v. Allen

Court: Supreme Court of Georgia | Date Filed: 1943-10-07

Citation: 196 Ga. 736

Snippet: sufficiently definite as against the demurrer. Grounds 9, 10, 1,3, and 14 of the special demurrer are directed