No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is willing to admit and does not contest the truth of the facts expected to be proved by the testimony of the witness. The court shall order the admission to be reduced to writing.
§ 9-10-161.Denial of continuance for absence of witness or testimony where opposite party makes admission
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-161 bars a continuance for a witness’s absence when the opposing party is willing to admit and not contest the facts that witness would have proved, and requires the court to have that admission put in writing.
Full Text of § 9-10-161
Plain-English Summary
The preceding section lets a party seek a continuance over a missing witness; this one takes that option away in one specific circumstance. If the opposing party is willing to admit — and not contest — the truth of the facts the absent witness would have proved, no court can allow a continuance on that ground.
The tradeoff protects the party who wanted the witness: the admission is not just spoken into the record. The court must order it reduced to writing, so the facts the witness would have proved come into the case in a form the fact-finder can rely on, even without the witness ever appearing.
Frequently Asked Questions
Can a party get a continuance for an absent witness if the other side admits the facts the witness would prove?
No. The statute states no continuance shall be allowed when the opposite party is willing to admit and does not contest the truth of those facts.
What must the court do once the opposing party makes that admission?
Order the admission to be reduced to writing.
Does this section apply to continuances sought for reasons other than witness absence?
The text addresses continuances on account of the absence of a witness or for the purpose of procuring testimony specifically.
Who decides whether to admit the facts and block the continuance?
The opposite party — the one who did not seek the continuance — by being willing to admit and not contest the truth of the expected testimony.
Does the admission have to cover every fact the witness might testify to?
The statute frames it as admitting and not contesting the truth of the facts expected to be proved by the witness’s testimony.
Amendment History
Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3452; Code 1868, § 3472; Code 1873, § 3523; Code 1882, § 3523; Civil Code 1895, § 5130; Penal Code 1895, § 963; Civil Code 1910, § 5716; Penal Code 1910, § 989; Code 1933, § 81-1411.
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: admission blocks continuance georgia witnessopposing party admits facts continuance georgiawritten admission absent witness georgia court