Georgia Code
Article 2 - Continuances
§ 17-8-22. Consideration of Motion for Continuance by Court Generally; Allowance of Counter-Showing to Motion

All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require. In all cases the presiding judges may, in their discretion, admit a counter-showing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
History. Orig. Code 1863, § 3460; Code 1868, § 3480; Ga. L. 1871-72, p. 49, § 1; Ga. L. 1872, p. 41, § 1; Code 1873, § 3531; Code 1882, § 3531; Civil Code 1895, § 5138; Penal Code 1895, § 966; Civil Code 1910, § 5724; Penal Code 1910, § 992; Code 1933, § 81-1419.
Cross references.
Corresponding provision relating to civil procedure, § 9-10-167 .
Law reviews.
For comment on Cannady v. State, 190 Ga. 227 , 9 S.E.2d 241 (1940), see 3 Ga. B.J. 55 (1940).
For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).

Structure Georgia Code

Georgia Code

Title 17 - Criminal Procedure

Chapter 8 - Trial

Article 2 - Continuances

§ 17-8-20. Showing of Due Diligence Required of Applicants for Continuances Generally

§ 17-8-21. When Showing for Continuance Required of State

§ 17-8-22. Consideration of Motion for Continuance by Court Generally; Allowance of Counter-Showing to Motion

§ 17-8-23. Absence of Party as Grounds for Granting Continuance

§ 17-8-24. Absence or Illness of Counsel as Grounds for Granting Continuance

§ 17-8-25. Absence of Witness as Grounds for Granting Continuance

§ 17-8-26. Party or Party’s Attorney in Attendance at General Assembly as Grounds for Granting Continuance

§ 17-8-27. Attorney General in Attendance at General Assembly as Grounds for Granting Continuance

§ 17-8-28. Witness in Attendance at General Assembly as Grounds for Granting Continuance

§ 17-8-29. Party or Party’s Counsel in Attendance at Meeting of Board of Regents of the University System of Georgia as Grounds for Granting Continuance

§ 17-8-30. Party or Party’s Counsel in Attendance at Meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities as Grounds for Granting Continuance

§ 17-8-31. Party, Leading Attorney, or Material Witness in Attendance on Active Duty as Member of National Guard or Component of Armed Forces of the United States as Grounds for Granting Continuance; Setting Bail in Certain Cases

§ 17-8-32. Effect of Admission by Opposing Party of Facts to Be Proved Upon Allowance of Continuance

§ 17-8-33. Granting of Continuances Where Indictment Found or Accusation Made; Continuance Where Material Witness Unavailable; Continuances Required by Principles of Justice; Granting of Continuance Where Postponement Possible to Later Date in Term

§ 17-8-34. Granting of Continuances in Cases Returned by Appellate Court for Trial

§ 17-8-35. Effect of Continuance by Defendant Upon Trial of Codefendants

§ 17-8-36. Entry of Date of Continuance Upon Docket of Court; Announcement of Continuance in Open Court

§ 17-8-37. Duration of Continuance

§ 17-8-38. Case Not Reached at Trial Term Continued