The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application for a continuance will swear that he cannot go safely to trial without the services of the absent counsel, that he expects his services at the next term, and that the application is not made for delay only.
§ 9-10-155.Grounds for continuance — Illness or absence of counsel; oath of party
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-155 makes the providential illness or absence of a sole or leading counsel sufficient ground for a continuance, but only if the requesting party swears the case cannot proceed safely without that counsel, expects the counsel’s services by the next term, and is not seeking delay alone.
Full Text of § 9-10-155
Plain-English Summary
Lawyers get sick or find themselves unavailable through no fault of their own, and this section gives their clients a way to protect the case when that happens. If the only counsel on a case — or the leading counsel, where there is more than one — is ill or absent for a providential reason, that is sufficient ground for a continuance.
The relief comes with conditions attached, all resting on the requesting party’s oath. The party must swear that the case cannot go forward safely without the absent counsel’s services, that the party expects those services to be available by the next term, and that the request is not made for delay alone. Those three sworn statements work together to keep the ground reserved for real conflicts rather than tactical stalling.
Frequently Asked Questions
Whose illness or absence does this section cover?
Counsel where there is only one, or the leading counsel where a party has more than one lawyer.
What must the party swear to get this continuance?
That he cannot go safely to trial without the services of the absent counsel, that he expects the counsel’s services at the next term, and that the application is not made for delay only.
Does the absence have to be for a specific reason?
Yes — the illness or absence must arise from a providential cause.
Can a party use this ground just to buy more time?
No. The party’s oath must confirm the application is not made for delay only, which forecloses using the section as a stalling tactic.
What happens if the party has more than one attorney and a junior attorney is absent?
The section applies to the leading counsel’s illness or absence when there is more than one attorney, so it centers on whichever lawyer holds that leading role rather than any attorney on the case.
Amendment History
Orig. Code 1863, § 3454; Code 1868, § 3474; Code 1873, § 3525; Code 1882, § 3525; Civil Code 1895, § 5132; Penal Code 1895, § 964; Civil Code 1910, § 5718; Penal Code 1910, § 990; Code 1933, § 81-1413.
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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