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
§ 17-8-20. Showing of Due Diligence Required of Applicants for Continuances Generally
§ 17-8-21. When Showing for Continuance Required of State
§ 17-8-23. 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
§ 17-8-27. 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
§ 17-8-32. Effect of Admission by Opposing Party of Facts to Be Proved Upon Allowance of Continuance
§ 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