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O.C.G.A. § 9-10-164 — Continuances for one term only | Georgia Code
O.C.G.A. § 9-10-164 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 7 CONTINUANCES

9-10-164. Continuances for one term only.

A continuance requested by a party in a pending case in any court shall not be granted for longer than one term.

(Laws 1799, Cobb's 1851 Digest, p. 486; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, § 5710; Code 1933, § 81-1401.)

Cross references.

- Corresponding provision relating to criminal procedure, § 17-8-37.

JUDICIAL DECISIONS

Discretion in refusing continuance was not abused where continuance had been granted at two previous terms and for one day at the third term. Camp v. Lanier, 36 Ga. App. 54, 135 S.E. 224 (1926).

No error for limiting continuances of defendant who had been granted five.

- It was not error for the court to put the case on terms and limit the continuances of the defendant, where it appeared that the defendant had been granted five continuances. Alley v. Gormley, 181 Ga. 650, 183 S.E. 787 (1935).

No abuse of discretion for denying continuance due to illness of party.

- Under the circumstances, no abuse of discretion of the judge in refusing to grant a continuance because of alleged providential absence of a party by sickness, was shown. Dyar v. Dyar, 55 Ga. App. 226, 189 S.E. 721 (1937).

Cited in Odom v. Attaway, 41 Ga. App. 51, 152 S.E. 148 (1930).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.