When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of justice may require.
History. Ga. L. 1851-52, p. 214, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.
Cross references.
Trial of cases returned for new trial by appellate courts generally, § 5-5-49 .
Corresponding provision relating to civil procedure, § 9-10-162 .
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