O.C.G.A. § 9-10-161 (2019)
Denial of continuance for absence of witness or testimony where opposite party makes admission
No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is willing to admit and does not contest the truth of the facts expected to be proved by the testimony of the witness. The court shall order the admission to be reduced to writing.
History
Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3452; Code 1868, § 3472; Code 1873, § 3523; Code 1882, § 3523; Civil Code 1895, § 5130; Penal Code 1895, § 963;
Civil Code 1910, § 5716; Penal Code 1910, § 989; Code 1933, § 81-1411.
Annotations
Cross references. Corresponding provision relating to criminal procedure, § 17-8-32.
JUDICIAL DECISIONS Admission by opposite party must be reduced to writing. - An admission that the absent witness would testify to the facts stated is not sufficient to prevent a continuance; the opposite party must also admit in writing that the party does not contest the truth thereto. Cheney v. Smith & Alexander, 42 Ga. 50, 1871 Ga. LEXIS 8 (1871); Klugman v. Gammell, 43 Ga. 581, 1871 Ga. LEXIS 297 (1871). Admission cannot be withdrawn after formerly absent witness comes into court. - When a party admits the
truth of facts to which an absent witness will testify, the admission being made to avoid a continuance under this section, the party has no right, after the opposite party has closed the evidence, to withdraw the admission because the witness is no longer absent but has come into court. Harris & Mitchell v. McArthur, 90 Ga. 216, 15 S.E. 758, 1892 Ga. LEXIS 153 (1892) (see O.C.G.A. § 9-10-161).
RESEARCH REFERENCES Am. Jur. 2d. 17 Am. Jur. 2d, Continuance, § 10 et seq. C.J.S. 17 C.J.S., Continuances, §§ 62, 72.
ALR. Admissions to prevent continuance sought to secure testimony of absent witness in civil case, 15 A.L.R.3d 1272.