History. Ga. L. 1905, p. 93, § 1; Civil Code 1910, § 5711; Code 1933, § 81-1402; Ga. L. 1977, p. 760, § 1; Ga. L. 1983, p. 675, § 1; Ga. L. 1996, p. 112, § 2; Ga. L. 2002, p. 403, § 2; Ga. L. 2006, p. 752, § 3/SB 503; Ga. L. 2019, p. 777, § 3/HB 502.
The 2019 amendment, effective May 7, 2019, substituted the present provisions of this Code section for the former provisions, which read: “(a) A member of the General Assembly who is a party to or the attorney for a party to a case which is pending in any trial or appellate court or before any administrative agency of this state shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, pretrial appearance, arraignment, plea or motion calendar, trial, or argument. When a case, motion, hearing, or argument is called and is subject to a continuance or stay under this Code section due to the party’s attorney’s membership in the General Assembly, the party shall not be required to be present at the call of the case, motion, hearing, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment, including an adjournment sine die of any regular or extraordinary session. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, and to the extent permitted by the Constitutions of the United States and of the State of Georgia, the time for doing any act in the case which is delayed by the continuance or stay provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered.
“(b) A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly.” See Editor’s note for applicability.
Cross references.
Corresponding provision relating to civil procedure, § 9-10-150 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2019, a period was substituted for a comma at the end of the third sentence of subsection (a).
Editor’s notes.
Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: “This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state.
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