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 for a continuance 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 criminal procedure, § 17-8-24 .
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