Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the power vested in them by law to bring the cases to a speedy trial and, whenever required to do so by counsel for the state, shall take up the cases for trial and proceed to try the same, unless the defendant shows some good cause for continuance, when the case shall be continued to a future time in the same term, or to the next term, in the discretion of the court. Nothing in this Code section shall affect the right of the state to a continuance on a proper showing.
§ 9-10-1.Preference given to cases in which state is plaintiff
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1984 · Last verified July 17, 2026
In one sentenceWhen the State of Georgia is the plaintiff in a civil case pending in superior court, the Court of Appeals, or the Supreme Court, this section requires judges to move that case ahead of other pending cases and try it promptly whenever the state’s counsel asks, unless the defendant shows good cause for a continuance.
Full Text of § 9-10-1
Plain-English Summary
This section puts the state’s own lawsuits at the front of the line. When Georgia sues someone in superior court, the Court of Appeals, or the Supreme Court, the presiding judges and justices must treat that case as a priority over whatever else sits on the docket.
The mechanism is direct: once the state’s lawyers ask a court to take up the case, the judge has to move forward and try it, using whatever authority the law gives to speed things along. A defendant can still ask for a continuance, and the judge can grant one for good cause — the statute does not strip defendants of that right.
The state keeps its own right to ask for a continuance too. The section guarantees priority scheduling; it does not force either side to trial without the normal safety valves for genuine delay.
Frequently Asked Questions
Which courts does this preference rule apply to?
Superior courts, the Court of Appeals, and the Supreme Court — any of these courts must give preference to a pending civil case in which the state is the plaintiff.
Can a defendant still get a continuance in a case where the state is suing?
Yes. The statute lets the case be continued to a later date in the same term or the next term if the defendant shows good cause, and the decision remains within the court’s discretion.
Who decides when the case gets called for trial?
Counsel for the state can require the judges or justices to take up the case for trial, and the court must proceed unless the defendant establishes good cause for delay.
Does the state lose any rights under this section?
No. The section expressly preserves the state’s own right to seek a continuance on a proper showing, so priority treatment does not cut off that option for the state’s side.
Does this rule apply to criminal cases?
The text addresses civil cases pending in the named courts in which the state is a party plaintiff, so it governs civil litigation rather than criminal prosecutions.
Amendment History
Ga. L. 1876, p. 104, § 1; Code 1882, § 22a; Civil Code 1895, § 24; Civil Code 1910, § 24; Code 1933, § 81-1005; Ga. L. 1984, p. 22, § 9.
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 / LexisNexis. Last verified July 17, 2026.
· Official source
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