Georgia Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.

2. 2

   Georgia courts call this a continuance (O.C.G.A. 9-10-150 et seq., 9-10-167). A postponement to a later day in the same term is a related remedy under O.C.G.A. 9-10-168.

3. 3

   The standard: applications are addressed to the sound legal discretion of the court and, if not expressly provided for, are granted or refused as the ends of justice may require (O.C.G.A. 9-10-167). No ground guarantees a grant.

4. 4

   Statutory grounds include legislative attendance (9-10-150), National Guard service (9-10-153), a party providentially prevented (9-10-154), illness or absence of sole or leading counsel (9-10-155), and a witness's absence (9-10-160).

5. 5

   Where you rely on facts the other side has not stipulated, support the motion with affidavits or citations to the record (USCR 6.1). Counsel illness or absence needs the party's oath (9-10-155), and a witness ground needs an application showing listed facts (9-10-160).

6. 6

   Continuances will not be granted merely by agreement of counsel, and a motion first made within 5 days of the trial week can bring a penalty of up to $50 absent statutory grounds or good cause (USCR 8.5). The other side has 30 days to respond unless the judge orders otherwise (USCR 6.2).

7. 7

   In family cases, a missing financial affidavit can lead to a continuance (USCR 24.2). This page does not state continuance rules for dispossessory (eviction) or magistrate court small claims; ask that court's clerk.

Georgia Requirements for Motion for Continuance

• Discretion and Ends of Justice

  Applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, are granted or refused as the ends of justice may require (O.C.G.A. 9-10-167).

• Statutory Grounds for Continuance

  O.C.G.A. 9-10-150 to 9-10-156 and 9-10-160 list specific grounds, including legislative attendance, National Guard service, a party providentially prevented, illness or absence of sole or leading counsel, and absence of a witness.

• Oath or Showing for Counsel or Witness Grounds

  A counsel illness or absence ground requires the party's oath under O.C.G.A. 9-10-155, and a witness absence ground requires an application showing listed facts under 9-10-160.

• Affidavits for Unstipulated Facts

  Where allegations of unstipulated fact are relied upon, a motion is supported by affidavits or citations to evidentiary materials of record (Uniform Superior Court Rule 6.1).

• No Continuance by Agreement Alone

  Continuances will not be granted merely by agreement of counsel, and actions are removed from a published trial calendar only by court direction (Uniform Superior Court Rule 8.5).

• Up to $50 Penalty for Late Motions

  The moving party may face a penalty of up to $50 if, absent statutory grounds or good cause, the motion is first made within 5 days of the trial week scheduled (Uniform Superior Court Rule 8.5).

• Postponement Within the Same Term

  Where a court is in continuous session for 30 or more days, postponement to a later day in the term is used instead of a continuance over objection where practicable (O.C.G.A. 9-10-168).

• Response Time and Emergency Motions

  The opposing party has 30 days to respond to a motion unless the judge orders otherwise (Rule 6.2), and an emergency motion may shorten time on written notice and good cause (Rule 6.7).

• Family Court Financial Affidavit Continuance

  Failure to furnish a required financial affidavit may result in a continuance of the hearing, but the court may proceed if a continuance would cause manifest injustice (Uniform Superior Court Rule 24.2).