§ 9-10-150.Grounds for continuance and stay — Attendance of party or attorney in General Assembly; writing requirement; considerations
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 2024 · Last verified July 17, 2026
Full Text of § 9-10-150
Plain-English Summary
Georgia lawmakers spend part of the year at the Capitol, and this section keeps that duty from colliding with a court calendar. The court must grant a continuance and stay to four groups: a member of the General Assembly who is a party to a case or the attorney for a party; Office of Legislative Counsel staff appearing on behalf of the General Assembly or a member, officer, or staff member; personnel of the separate office created under Code Section 28-4-5.1, appearing in that same capacity; and specified legislative leadership staff — for the Lieutenant Governor, the House Speaker, and similar posts — who serve as lead counsel for a party. Only that last group has to be lead counsel; the others need only be appearing on the General Assembly’s behalf. The stay reaches everything in the case — answering a complaint, filing or responding to discovery and motions, and appearing at any hearing, trial, or argument.
The stay runs on a fixed schedule tied to the legislative calendar: the week before a session starts, the full session itself, the first three weeks after any recess or final adjournment, and any single day when the member has committee business, a legislative conference, a caucus meeting, or a study committee meeting. Deadlines that fall inside a covered period move automatically — the law extends them by however long the continuance lasts, so no one has to file a separate motion just to preserve a due date.
For gaps the fixed schedule does not cover, subsection (b) lets the legislator-party or lead counsel ask for a continuance by written certification explaining, in detail, what legislative duty requires it. Opposing counsel or the court has ten days to object, and must spell out how the delay would hurt a party’s rights or the interest of justice. The court then weighs how long the case has been pending, how much delay the request would cause, the nature of the legislative duty, and any other relevant factor. If no one rules against the request, it counts as granted by operation of law.
Frequently Asked Questions
Who can invoke the automatic continuance and stay under this section?
A member of the General Assembly who is a party or an attorney for a party, certain named Office of Legislative Counsel staff, and specified legislative leadership staff who serve as lead counsel — the section lists each category by role.
What parts of a case does the automatic stay pause?
All of it, including filing or answering a complaint, pursuing or responding to discovery and motions or subpoenas, and appearing at any hearing, trial, or argument.
How long does the automatic stay last?
It covers the seven days before a regular or extraordinary session, the entire session, the first three weeks after any recess or adjournment (including adjournment sine die), and any day during the year when the member has qualifying legislative business such as a committee meeting, conference, caucus, or study committee session.
What happens to case deadlines that fall during the stay?
The statute extends them automatically by the same length as the continuance or stay, regardless of any other law, court rule, or administrative regulation that might otherwise apply.
Can a legislator get relief outside the automatic time periods?
Yes. Under subsection (b), the member or lead counsel can certify in writing why other General Assembly duties require a continuance; opposing counsel or the court then has ten days to object, and if no one rules against the request it is granted as a matter of law.
Amendment 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; Ga. L. 2024, p. 922, § 4-7/SB 341, effective May 6, 2024.