All applications for continuances upon the ground of the absence of a witness shall show to the court:
§ 9-10-160.Continuance for absence of witness; what application to show
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1991 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-160 lists eight things an application for continuance based on a witness’s absence must show the court, from the witness’s absence and subpoena status to materiality of the testimony, diligence, and the facts the witness would prove.
Full Text of § 9-10-160
(1) That the witness is absent;
(2) That he has been subpoenaed;
(3) That he does not reside outside of the state;
(4) That his testimony is material;
(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;
(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;
(7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and
(8) The facts expected to be proved by the absent witness.
Plain-English Summary
Wanting a witness at trial is not enough to earn a continuance — this section spells out exactly what a party has to prove to get one. An application built on a missing witness must show eight separate things: that the witness is absent, that the witness has been subpoenaed, that the witness does not live outside Georgia, and that the testimony is material to the case.
The remaining requirements guard against abuse. The application must show the witness is not absent by the applicant’s own permission, that the applicant expects to secure the testimony by the next term, and that the request is made to obtain that testimony rather than to stall the case. Finally, the applicant must tell the court the facts the absent witness would have proved — so the judge, and the opposing party, can weigh how much the missing testimony matters.
Frequently Asked Questions
How many things must an application for continuance on witness absence show?
Eight, listed in paragraphs (1) through (8) of the section.
Does the witness need to have been served with a subpoena?
Yes. The application must show that the witness has been subpoenaed.
Does it matter if the witness lives out of state?
Yes. The application must show that the witness does not reside outside of the state.
Can the applicant get a continuance if the witness is absent with the applicant’s own permission?
No. The application must show the witness is not absent by the permission, directly or indirectly, of the applicant.
What must the applicant tell the court about what the witness would have said?
The facts expected to be proved by the absent witness.
Amendment History
Orig. Code 1863, § 3451; Code 1868, § 3471; Code 1873, § 3522; Code 1882, § 3522; Civil Code 1895, § 5129; Penal Code 1895, § 962; Civil Code 1910, § 5715; Penal Code 1910, § 987; Code 1933, § 81-1410; Ga. L. 1959, p. 342, § 1; Ga. L. 1991, p. 376, § 2.
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: absent witness continuance requirements georgiaocga 9-10-160 elements continuancesubpoenaed witness absent trial georgiamaterial testimony continuance georgia civil