Any person summoned as a witness in any case shall be excused by the judge from attending the court by reason of his attendance as a legislator in the General Assembly. In all civil cases it shall be the right of either party thereto to take the deposition, as provided by law, of any person desired to be used as a witness in the case who is a member of the General Assembly when the session of the General Assembly conflicts with the session of the court in which such case is to be tried.
§ 9-10-159.Legislator attending General Assembly excused as witness; deposition in civil case
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-159 excuses a witness from attending court while serving as a legislator in the General Assembly and gives either party in a civil case the right to take that legislator-witness’s deposition when the legislative session conflicts with the trial court’s session.
Full Text of § 9-10-159
Plain-English Summary
This section handles a different problem than the continuance provisions around it: what happens when the missing person is not a party or a lawyer, but a witness who happens to serve in the General Assembly. Any person summoned as a witness gets excused by the judge from attending court because of legislative attendance — the court cannot compel the witness to choose between the Capitol and the courthouse.
Because the witness cannot be compelled to appear in person, the section gives either party in a civil case the right to take that witness’s deposition instead, using the ordinary procedures the law provides for depositions. That right applies when the General Assembly’s session conflicts with the session of the court where the case will be tried, so the testimony still reaches the jury even though the witness cannot take the stand.
Frequently Asked Questions
Does this section apply to any witness, or only to legislators?
It applies specifically to a witness who is a member of the General Assembly attending a legislative session.
Can the court force a legislator-witness to attend despite a conflicting session?
No. The judge shall excuse the witness from attending court by reason of attendance as a legislator.
How does a party get that witness’s testimony if attendance is excused?
By taking the witness’s deposition, as provided by law — a right the statute gives to either party in a civil case.
When does the right to depose the legislator-witness apply?
When the session of the General Assembly conflicts with the session of the court in which the case is to be tried.
Does this section grant a continuance of the case?
No. It excuses the witness and authorizes a deposition rather than delaying the case itself.
Amendment History
Ga. L. 1905, p. 93, § 2; Civil Code 1910, § 5712; Code 1933, § 81-1407.
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: legislator witness excused georgia courtdeposition of general assembly member georgialegislative session witness conflict deposition