The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application will swear that he cannot go safely to trial without the services of the absent counsel, that he expects his services at the next term, and that the application is not made for delay only.
History. Orig. Code 1863, § 3454; Code 1868, § 3474; Code 1873, § 3525; Code 1882, § 3525; Civil Code 1895, § 5132; Penal Code 1895, § 964; Civil Code 1910, § 5718; Penal Code 1910, § 990; Code 1933, § 81-1413.
Cross references.
Corresponding provision relating to civil procedure, § 9-10-155 .
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