When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.
History. Orig. Code 1863, § 3450; Code 1868, § 3470; Code 1873, § 3521; Code 1882, § 3521; Civil Code 1895, § 5128; Civil Code 1910, § 5714; Code 1933, § 81-1409.
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