The party amending pleadings or other proceedings in any of the courts of this state shall not be entitled to delay or continuance on account of the amendment, except by leave of the court to enable him to make the amendment.
§ 9-10-157.When amending party granted continuance
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-157 denies an automatic continuance to a party who amends pleadings or other proceedings, allowing the court to grant a delay only by leave and only to give the amending party time to make the amendment itself.
Full Text of § 9-10-157
Plain-English Summary
Amending a pleading is routine, and this section makes clear it does not, by itself, buy the amending party more time. A party who amends pleadings or other proceedings in a Georgia court is not entitled to a delay or continuance just because of the amendment.
The only exception is narrow: the court may grant leave for a continuance, but only to let the amending party make the amendment — filing the revised pleading, for instance — not to prepare a broader case around it. Any wider delay has to rest on some other recognized ground for continuance.
Frequently Asked Questions
Does amending a pleading automatically entitle a party to a continuance?
No. The statute states the amending party shall not be entitled to delay or continuance on account of the amendment.
Is there any circumstance where the court can grant the amending party a delay?
Yes, by leave of the court, and only to enable the party to make the amendment.
Who does this section restrict — the amending party or the opposing party?
The amending party. A separate Code section addresses continuances for the opposing party when an amendment causes surprise.
What kinds of filings does this section cover?
Pleadings or other proceedings amended in any of the courts of this state.
Can the amending party get a continuance to prepare a broader response to the amended pleading?
The text limits the leave-of-court exception to enabling the party to make the amendment, not to preparing further around it.
Amendment History
Orig. Code 1863, § 3449; Code 1868, § 3469; Code 1873, § 3520; Code 1882, § 3520; Civil Code 1895, § 5127; Civil Code 1910, § 5713; Code 1933, § 81-1408.
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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