It shall be the duty of any judge of a court of this state, on or without motion, to continue any case in the court when the case is reached and any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court or by reason of his attendance as a member of the National Guard upon any duty prescribed by the Governor or the adjutant general, unless the party, in the absence of his leading counsel, or the leading counsel, in the absence of the party, on the call of the case, announces ready for trial. If counsel is absent it shall be necessary for his client to make oath that he cannot safely go to trial without the absent counsel; and, if the party plaintiff or defendant is absent, his counsel shall state in his place that he cannot safely go to trial without the client.
§ 9-10-153.Grounds for continuance — Service in National Guard; oath of party or statement of counsel
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1991 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-153 requires a judge, with or without a motion, to continue a case when a party or leading counsel is absent because of active military service that directly prevents attendance or National Guard duty ordered by the Governor or adjutant general, subject to a specific oath requirement.
Full Text of § 9-10-153
Plain-English Summary
Military and National Guard duty can pull a litigant or lawyer out of the courtroom on short notice, and this section makes the response mandatory rather than discretionary. When a case is called and a party or leading counsel is missing because of armed forces service that directly prevents court attendance, or because of National Guard duty the Governor or the adjutant general ordered, the judge must continue the case — acting on a motion or on the judge’s own initiative.
There is one way around the continuance: if the party who is present (the client, when counsel is absent, or counsel, when the client is absent) announces ready for trial anyway, the case proceeds. Short of that, the statute requires a specific statement under oath before the continuance takes hold. If counsel is the one absent, the client must swear that the case cannot go forward safely without that counsel’s services. If the party is absent instead, counsel must state in open court that the case cannot go forward safely without the client present.
Frequently Asked Questions
What kind of military service qualifies for a continuance under this section?
Service in the armed forces that directly prevents the party’s or leading counsel’s attendance in court, or attendance as a member of the National Guard on duty prescribed by the Governor or the adjutant general.
Does the judge need a motion before granting this continuance?
No. The statute directs the judge to continue the case on or without motion once the qualifying absence is shown.
Can the case go forward anyway despite the absence?
Yes, if the party present announces ready for trial — the client announcing ready when counsel is absent, or counsel announcing ready when the party is absent.
What must happen if counsel is the one absent?
The client must make oath that he cannot safely go to trial without the absent counsel.
What must happen if the party is the one absent?
Counsel must state in his place that he cannot safely go to trial without the client.
Amendment History
Ga. L. 1925, p. 149, § 1; Code 1933, § 81-1406; Ga. L. 1991, p. 404, § 1.
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
Also known as: national guard continuance georgia civil casemilitary service continuance georgia courtarmed forces attorney absent trial georgiaocga 9-10-153 continuanceadjutant general duty continuance civil