When any case is sent back for trial by the Supreme Court or the Court of Appeals, the same shall be in order for trial; and, if the continuances of a party are exhausted, the trial court may grant one continuance to the party as the ends of justice may require.
§ 9-10-162.Continuance after case sent back by appellate court
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-162 lets a trial court grant one more continuance to a party whose continuances are already exhausted after the Supreme Court or Court of Appeals sends a case back for trial, if the ends of justice require it.
Full Text of § 9-10-162
Plain-English Summary
An appeal can eat up time, and by the time a case comes back down from the Supreme Court or the Court of Appeals, a party may have already used every continuance available. This section gives the trial court a way to account for that. Once a case is sent back for trial, it is in order to be tried again.
If the party’s continuances have already run out, the trial court may still grant one more, but only as the ends of justice may require. The remand does not reset the party’s continuance count across the board — it opens the door to a single additional continuance, and only where justice calls for it.
Frequently Asked Questions
What happens to a case once an appellate court sends it back for trial?
It is in order for trial in the lower court.
Can the trial court grant a continuance if the party has already exhausted all of theirs?
Yes, one continuance, if the ends of justice may require it.
Which appellate courts does this section reference?
The Supreme Court and the Court of Appeals.
Does this section guarantee an extra continuance after remand?
No. It says the trial court may grant one continuance, leaving the decision to the court’s judgment about what justice requires.
How many additional continuances does this section allow after a case is sent back?
One.
Amendment History
Ga. L. 1851-52, p. 216, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.
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: continuance after remand georgia appealcase sent back for trial continuance georgiaexhausted continuances appellate remand georgia