§ 9-10-168.When postponement substituted for continuance

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

In one sentenceO.C.G.A. § 9-10-168 requires courts in continuous session for thirty days or more to use a postponement to a later day in the same term, instead of a continuance, whenever that would resolve the problem over the objection of the opposing party.

Full Text of § 9-10-168

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No continuance shall be granted in any of the courts in this state which have a continuous session for 30 days or more, over the objection of the adverse party, where the cause for the same can be obviated by a postponement to a later day during the term. It shall be the duty of the presiding judge, whenever a motion and a proper showing for a continuance are made by either party at any time, to set the case down for a later day during the same term if it is practicable thereby to avoid the continuance of the case.

End

Plain-English Summary

Some Georgia courts stay in session for a month or longer at a stretch, and this section asks judges in those courts to use that extended calendar before reaching for a continuance. If the reason behind a continuance request could be solved by moving the case to a later day within the same term, the court cannot grant the continuance over the objection of the adverse party.

The section places an affirmative duty on the presiding judge: whenever a party makes a motion and a proper showing for a continuance, the judge must set the case down for a later day in the same term if doing so would practically avoid the continuance. A short postponement, in other words, comes first — a full continuance is the fallback when a later trial date in the same term will not fix the problem.

Frequently Asked Questions

Which courts does this section apply to?

Courts in this state that have a continuous session for 30 days or more.

Can such a court grant a continuance over the adverse party’s objection?

Not if the cause for the continuance can be obviated by a postponement to a later day during the term.

What must the presiding judge do when a party makes a proper showing for a continuance?

Set the case down for a later day during the same term, if it is practicable thereby to avoid the continuance of the case.

Does this section replace continuances entirely in long-session courts?

No. It requires a postponement in place of a continuance only where the postponement can practically obviate the cause for delay; it does not eliminate continuances altogether.

Who can object to a continuance being granted instead of a postponement under this section?

The adverse party — the statute bars the continuance over that party’s objection when a postponement would work.

Amendment History

Ga. L. 1893, p. 56, § 1; Civil Code 1895, § 5139; Civil Code 1910, § 5725; Code 1933, § 81-1420.

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

Also known as: postponement instead of continuance georgiacontinuous session court continuance georgialater day same term georgia trial