2020 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 7 - Continuances
§ 9-10-150. Grounds for Continuance and Stay - Attendance of Party or Attorney in General Assembly; Writing Requirement; Considerations

1. A member of the General Assembly who is a party to or the attorney for a party to a case; any member of the Office of Legislative Counsel, including the legislative counsel and persons provided for under subsection (d) of Code Section 28-4-3, appearing on behalf of the General Assembly in a case; or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or of the Judiciary Committee or Judiciary, Non-civil Committee of the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last for the seven days prior to the regular or extraordinary session of the General Assembly; the length of any regular or extraordinary session of the General Assembly; during the first three weeks following any recess or adjournment, including an adjournment sine die of any regular or extraordinary session; and the entirety of any day during the calendar year on which a legislative committee for which the member serves or is staff holds a scheduled meeting, the member attends a national legislative conference or board meeting, the member attends a caucus meeting, or the member attends a meeting of a study committee of the General Assembly. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered.
2. 1. For such other times not provided for in subsection (a) of this Code section, a member of the General Assembly who is a party to a case or the lead counsel for a party to a case may request a continuance or stay as the member of the General Assembly certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly. The certification by the member of the General Assembly shall be in writing and shall state with particularity the nature of the General Assembly duties that require the continuance or stay. Opposing counsel, a party to the case, or the court on its own motion shall have ten days from receipt of the request for a continuance or stay to object to the request by stating with particularity the grounds upon which it is determined that such stay or continuance will cause significant harm to the rights of a party or would otherwise be detrimental to the interest of justice. The court upon receipt of the objection, or on its own motion, shall consider the following in determining whether to grant or deny the continuance or stay:
      1. The length of time that the case has been pending;
      2. The length of delay that such stay or continuance will cause in the resolution of the case;
      3. The nature of the General Assembly duties that require the continuance or stay; and
      4. Such other factors that the court determines to be relevant in determining the harm to the rights of the parties or the interest of justice in the granting or denial of the request for a continuance or stay.
   2. Absent a ruling by the court denying the continuance or stay certified by the member under paragraph (1) of this subsection, such continuance or stay shall be considered granted as a matter of law.

(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.)

The 2006 amendment, effective July 1, 2006, added the fourth sentence.

The 2009 amendment, effective April 30, 2009, substituted "the Senate or of the Judiciary Committee or Judiciary, Non-civil Committee of the" for "either the Senate or the" in the first sentence. For intent, see the Editor's notes.

The 2019 amendment, effective May 7, 2019, substituted the present provisions of this Code section for the former provisions, which read: "A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or of the Judiciary Committee or Judiciary, Non-civil Committee of the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment including an adjournment sine die of any regular or extraordinary session. A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered."

- Corresponding provision relating to criminal procedure, § 17-8-26.

- Ga. L. 2009, p. 303, § 20, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."

Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides: "This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state."

- For review of 1996 criminal procedure legislation, see 13 Ga. St. U.L. Rev. 30 (1996).

Failure to establish that the absent counsel was leading counsel warranted refusal of the continuance. Stewart v. County of Bacon, 148 Ga. 105, 95 S.E. 983 (1918).

- Trial court violated a legislative stay under O.C.G.A. § 9-10-150 by allowing a summary judgment hearing to continue while the borrower's attorney, a state representative, attended a session of the General Assembly, as it was undisputed that the representative was the borrower's attorney as the representative's name appeared on all relevant court documents. Hill v. First Atl. Bank, 323 Ga. App. 731, 747 S.E.2d 892 (2013).

- Trial court's denial of a minority owner's first request for a continuance was not an abuse of discretion as, while the minority owner's life was threatened on the day before the hearing, the party that threatened the minority owner was not in the courtroom, the minority owner testified knowledgeably and cogently, and the minority owner declined a second opportunity to testify, weeks later. Talmadge v. Elson Props., 279 Ga. 268, 612 S.E.2d 780 (2005).

Trial court's denial of a minority owner's second request for a continuance was not an abuse of discretion as any inability of a minority owner to obtain an appraisal before the hearing was the result of the owner's own dilatoriness. Talmadge v. Elson Props., 279 Ga. 268, 612 S.E.2d 780 (2005).

In a deprivation action, given the fact that at the time a parent became ill and could no longer proceed, the hearing was nearly concluded, coupled with the fact that counsel did not intend to present any additional witnesses, the court's denial of a request to continue the hearing was not an abuse of discretion, particularly since the hearing had already been delayed two months after the Department of Children and Family Services had presented its evidence. In the Interest of S.P., 282 Ga. App. 82, 637 S.E.2d 802 (2006).

Failure to grant a parent a continuance in the parent's termination of parental rights hearing was not an abuse of discretion as the juvenile court reopened the evidence and allowed the parent to testify and the parent's attorney participated in the entire hearing. In the Interest of C.M., 282 Ga. App. 502, 639 S.E.2d 323 (2006).

Cited in Hendley v. Housing Auth., 160 Ga. App. 221, 286 S.E.2d 463 (1981); In re Thompson, 339 Ga. App. 106, 793 S.E.2d 462 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Continuance, §§ 4 et seq., 40.

- 17 C.J.S., Continuances, §§ 44, 53, 115.

- Effect of war on litigation pending at the time of its outbreak, 154 A.L.R. 1447.

Counsel's absence because of attendance on legislature, as ground for continuance, 49 A.L.R.2d 1073.

Amendment of pleading with respect to parties or their capacity as ground for continuance, 67 A.L.R.2d 477.