If either party is providentially prevented from attending the trial of a case, and the counsel of the absent party will state in his place that he cannot go safely to trial without the presence of the absent party, the case shall be continued, provided the continuances of the party have not been exhausted.
§ 9-10-154.Grounds for continuance — Party providentially prevented from attendance; statement of counsel
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-154 requires a court to continue a trial when a party is providentially prevented from attending, once the party’s counsel states in open court that the case cannot proceed safely without the absent party, provided the party has not already used up all available continuances.
Full Text of § 9-10-154
Plain-English Summary
Sometimes a litigant cannot make it to court through no fault of their own — illness, an accident, or another circumstance beyond their control. This section calls that being “providentially prevented,” and once it happens, the case must be continued — but only if counsel for the absent party states in open court that the case cannot go forward safely without that party present.
This mandate has a limit built in. The continuance applies only if the party has not already exhausted the continuances available. Georgia law caps how many times a party can push a case back, and this section does not create an exception to that cap — it works within it.
Frequently Asked Questions
What does it mean for a party to be providentially prevented from attending trial?
The section does not define the phrase further, but it refers to a party being kept from attending trial by circumstances outside the party’s control.
What must counsel do to get this continuance?
State in his place that he cannot go safely to trial without the presence of the absent party.
Is this continuance available no matter how many times the party has already sought one?
No. The statute applies only if the continuances of the party have not been exhausted.
Does the absent party need to submit a sworn statement?
The text requires counsel of the absent party to make the statement in his place; it does not describe a separate oath from the party.
Who must be absent for this section to apply — the party or counsel?
The party. This section addresses a party’s own providential absence from trial, in contrast to the separate ground covering illness or absence of counsel.
Amendment History
Orig. Code 1863, § 3453; Code 1868, § 3473; Code 1873, § 3524; Code 1882, § 3524; Civil Code 1895, § 5131; Civil Code 1910, § 5717; Code 1933, § 81-1412.
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: providentially prevented continuance georgiaparty absent trial continuance georgia civilocga 9-10-154 continuance groundscounsel statement absent party georgia court