O.C.G.A.

O.C.G.A. § 9-10-164 (2019)

Continuances for one term only

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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

History

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.

Annotations

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 Ga. App. LEXIS 756 (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 Ga. LEXIS 171 (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 Ga. App. LEXIS 54 (1937).