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§ 9-10-164.Continuances for one term only

Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-10-164 sets a flat limit on how far a single continuance can push a pending case, providing that a continuance a party requests in any Georgia court shall not be granted for longer than one term, regardless of the ground on which the party sought it.

Full Text of § 9-10-164

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A continuance requested by a party in a pending case in any court shall not be granted for longer than one term.
End

Plain-English Summary

This section is short, but it does real work across every continuance ground in this article. Whatever the reason a party gives for asking to push a case back — an absent witness, a sick lawyer, a legislative conflict — the delay a court grants cannot run longer than one term.

The rule keeps continuances from becoming an open-ended tool. A party who needs more time than a single term allows has to come back and ask again, showing the court fresh grounds, rather than banking one long delay from the start.

Frequently Asked Questions

How long can a continuance requested by a party last?

Not longer than one term.

Does this limit apply in every Georgia court?

The statute says a continuance requested by a party in a pending case in any court shall not be granted for longer than one term.

Can a party request a second continuance after the first term-long continuance expires?

The text sets the limit per continuance rather than barring further requests, so a party would need to seek another continuance on its own grounds once the first term-long continuance ends.

Does this one-term limit apply to every continuance ground in this article?

The section is not limited to a particular ground — it addresses a continuance requested by a party generally.

Who requests the continuance this section limits?

A party in a pending case.

Amendment History

Laws 1799, Cobb’s 1851 Digest, p. 486.; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, § 5710; Code 1933, § 81-1401.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source
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