(a) 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 or any member, officer, or staff thereof in a case; any individual or member of the office provided for in Code Section 28-4-5.1, appearing on behalf of the General Assembly or any member, officer, or staff thereof 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.
§ 9-10-150.Grounds for continuance and stay — Attendance of party or attorney in General Assembly; writing requirement; considerations
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 2024 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-150 grants an automatic continuance and stay to a legislator-party or a legislator’s attorney, to Office of Legislative Counsel staff and to personnel of the office under Code Section 28-4-5.1 who are appearing on behalf of the General Assembly, and to specified legislative leadership staff acting as lead counsel, covering defined General Assembly session periods and letting them request additional relief at other times through a written certification process.
Full Text of § 9-10-150
(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:
(A) The length of time that the case has been pending;
(B) The length of delay that such stay or continuance will cause in the resolution of the case;
(C) The nature of the General Assembly duties that require the continuance or stay; and
(D) 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.
Plain-English Summary
Georgia lawmakers spend part of the year at the Capitol, and this section keeps that duty from colliding with a court calendar. The court must grant a continuance and stay to four groups: a member of the General Assembly who is a party to a case or the attorney for a party; Office of Legislative Counsel staff appearing on behalf of the General Assembly or a member, officer, or staff member; personnel of the separate office created under Code Section 28-4-5.1, appearing in that same capacity; and specified legislative leadership staff — for the Lieutenant Governor, the House Speaker, and similar posts — who serve as lead counsel for a party. Only that last group has to be lead counsel; the others need only be appearing on the General Assembly’s behalf. The stay reaches everything in the case — answering a complaint, filing or responding to discovery and motions, and appearing at any hearing, trial, or argument.
The stay runs on a fixed schedule tied to the legislative calendar: the week before a session starts, the full session itself, the first three weeks after any recess or final adjournment, and any single day when the member has committee business, a legislative conference, a caucus meeting, or a study committee meeting. Deadlines that fall inside a covered period move automatically — the law extends them by however long the continuance lasts, so no one has to file a separate motion just to preserve a due date.
For gaps the fixed schedule does not cover, subsection (b) lets the legislator-party or lead counsel ask for a continuance by written certification explaining, in detail, what legislative duty requires it. Opposing counsel or the court has ten days to object, and must spell out how the delay would hurt a party’s rights or the interest of justice. The court then weighs how long the case has been pending, how much delay the request would cause, the nature of the legislative duty, and any other relevant factor. If no one rules against the request, it counts as granted by operation of law.
Frequently Asked Questions
Who can invoke the automatic continuance and stay under this section?
A member of the General Assembly who is a party or an attorney for a party, certain named Office of Legislative Counsel staff, and specified legislative leadership staff who serve as lead counsel — the section lists each category by role.
What parts of a case does the automatic stay pause?
All of it, including filing or answering a complaint, pursuing or responding to discovery and motions or subpoenas, and appearing at any hearing, trial, or argument.
How long does the automatic stay last?
It covers the seven days before a regular or extraordinary session, the entire session, the first three weeks after any recess or adjournment (including adjournment sine die), and any day during the year when the member has qualifying legislative business such as a committee meeting, conference, caucus, or study committee session.
What happens to case deadlines that fall during the stay?
The statute extends them automatically by the same length as the continuance or stay, regardless of any other law, court rule, or administrative regulation that might otherwise apply.
Can a legislator get relief outside the automatic time periods?
Yes. Under subsection (b), the member or lead counsel can certify in writing why other General Assembly duties require a continuance; opposing counsel or the court then has ten days to object, and if no one rules against the request it is granted as a matter of law.
Amendment History
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; Ga. L. 2024, p. 922, § 4-7/SB 341, effective May 6, 2024.
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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