In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his testimony is material; that the witness is not absent by the permission, directly or indirectly, of the applicant; that the applicant expects he will be able to procure the testimony of the witness at the next term of the court; that the application is not made for the purpose of delay but to enable the applicant to procure the testimony of the absent witness; and the application must state the facts expected to be proved by the absent witness.
History. Orig. Code 1863, § 3451; Code 1868, § 3471; Code 1873, § 3522; Code 1882, § 3522; Civil Code 1895, § 5129; Penal Code 1895, § 962; Civil Code 1910, § 5715; Penal Code 1910, § 987; Code 1933, § 81-1410; Ga. L. 1959, p. 342, § 1.
Cross references.
Corresponding provision relating to civil procedure, § 9-10-160 .
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