History. Ga. L. 1905, p. 93, § 1; Civil Code 1910, § 5711; Code 1933, § 81-1402; Ga. L. 1952, p. 26, § 1; Ga. L. 1973, p. 478, § 1; Ga. L. 1977, p. 760, § 1; Ga. L. 1991, p. 376, § 1; Ga. L. 1996, p. 112, § 1; Ga. L. 2002, p. 403, § 1; Ga. L. 2006, p. 494, § 1/HB 912; Ga. L. 2009, p. 303, § 18/HB 117; Ga. L. 2019, p. 777, § 1/HB 502.
The 2006 amendment, effective July 1, 2006, added the fourth sentence.
The 2009 amendment, effective April 30, 2009, substituted “the Senate or of the Judiciary Committee or Judiciary, Non-civil Committee of the” for “either the Senate or the” in the first sentence. For intent, see the Editor’s notes.
The 2019 amendment, effective May 7, 2019, substituted the present provisions of this Code section for the former provisions, which read: “A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or of the Judiciary Committee or Judiciary, Non-civil Committee of the House of Representatives who is the lead counsel for a party to a case 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, trial, 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. 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. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered.”
Cross references.
Corresponding provision relating to criminal procedure, § 17-8-26 .
Editor’s notes.
Ga. L. 2009, p. 303, § 20, not codified by the General Assembly, provides that: “This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act.”
Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides: “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.”
Law reviews.
For review of 1996 criminal procedure legislation, see 13 Ga. St. U.L. Rev. 30 (1996).
Structure Georgia Code
Chapter 10 - Civil Practice and Procedure Generally
§ 9-10-151. Grounds for Continuance — Attendance at Board of Regents or Education Meeting
§ 9-10-155. Grounds for Continuance — Illness or Absence of Counsel; Oath of Party
§ 9-10-157. When Amending Party Granted Continuance
§ 9-10-158. Continuance to Enable Opposite Party to Meet Amendment; When Charged to Amending Party
§ 9-10-159. Legislator Attending General Assembly Excused as Witness; Deposition in Civil Case
§ 9-10-160. Continuance for Absence of Witness; What Application to Show
§ 9-10-162. Continuance After Case Sent Back by Appellate Court
§ 9-10-163. Continuance of Appeals Case
§ 9-10-164. Continuances for One Term Only
§ 9-10-165. Case Not Reached Continued
§ 9-10-166. Diligence to Be Shown by Applicant for Continuance
§ 9-10-167. Continuance in Discretion of Court; Countershowing to Motion for Continuance