When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.
§ 9-10-158.Continuance to enable opposite party to meet amendment; when charged to amending 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. § 9-10-158 lets the opposite party get a continuance when an amended pleading leaves them surprised and unprepared for trial, provided they show under oath how they are unprepared and that surprise is not claimed to cause delay, with the continuance charged to the amending party.
Full Text of § 9-10-158
Plain-English Summary
The preceding section keeps the amending party from claiming automatic delay; this one protects the party on the receiving end. When a pleading is amended, the opposite party can ask for a continuance by making oath — or having counsel state in open court — that the amendment caught them by surprise and left them unprepared for trial.
The request is not automatic. The party must show the manner of the unpreparedness and confirm the surprise is not claimed for the purpose of delay. If the court grants the continuance, it charges the delay to the amending party rather than the party who asked for it — a distinction that matters because Georgia continuance practice, as reflected elsewhere in this article, limits how many continuances each party gets, so this rule keeps the surprised party’s own allotment untouched.
Frequently Asked Questions
Who can seek a continuance under this section — the party who amended or the opposing party?
The opposite party, the one who did not make the amendment.
What must the opposing party show to get this continuance?
That he is surprised and not fully prepared for trial because of the amendment, including a showing of the manner of unpreparedness and confirmation that surprise is not claimed for the purpose of delay.
Can the opposing party’s attorney make this showing instead of the party?
Yes. The statute allows either the party to make oath or his counsel to state it in his place.
Whose continuance allotment does this delay count against?
The amending party’s. The statute directs that the continuance be charged to the amending party.
Is a continuance under this section mandatory once surprise is shown?
The statute says the case may be continued, which frames it as a continuance the court can grant on the required showing rather than one owed automatically.
Amendment History
Orig. Code 1863, § 3450; Code 1868, § 3470; Code 1873, § 3521; Code 1882, § 3521; Civil Code 1895, § 5128; Civil Code 1910, § 5714; Code 1933, § 81-1409.
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: surprise continuance amended pleading georgiacontinuance charged to amending party georgiaunprepared trial amendment continuance georgia