§ 9-10-165.Case not reached continued
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-10-165
Plain-English Summary
Court calendars run out before every case on them gets called, and this section handles what happens to the cases left over. A case not reached at the trial term stands over as continued — no one has to file anything or ask the judge for relief.
The continuance happens by operation of the calendar itself. Because it does not depend on a ground like illness, absence, or surprise, it sits apart from the fault-based continuance provisions elsewhere in this article — it is a bookkeeping rule for an overloaded docket, not a remedy for a specific conflict.
Frequently Asked Questions
What happens to a case that is not reached during its trial term?
It stands over as continued.
Does a party need to file a motion for this continuance?
The text does not describe any motion requirement — it states the case stands over as continued.
Does this section require a showing of diligence or good cause?
No showing is described in this section; it applies whenever a case is not reached at the trial term.
How is this continuance different from ones granted for illness or witness absence?
Those grounds require a party to make a showing to the court; this section continues the case automatically because the trial term ran out before the case was reached.
To what term does the case carry over?
The statute does not name a specific later term — it provides only that the case stands over as continued once it is not reached at the trial term.
Amendment History
Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.