No appeal case shall be continued more than twice by the same party, except for providential cause, for which it may be continued as often as justice may require.
§ 9-10-163.Continuance of appeals 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. § 9-10-163 caps continuances of an appeal case at two per party, except that a continuance for providential cause is not subject to that cap and may be granted as often as justice requires.
Full Text of § 9-10-163
Plain-English Summary
Appeal cases get their own continuance limit, separate from the trial-term cap that applies elsewhere in this article. Under this section, the same party cannot continue an appeal case more than twice.
There is one carve-out from that cap: a continuance for providential cause — the kind of circumstance beyond a party’s control that shows up elsewhere in this article — is not counted against the two-time limit. The case may be continued for that reason as often as justice requires, no matter how many providential continuances have already been granted.
Frequently Asked Questions
How many times can the same party continue an appeal case?
No more than twice.
Is there an exception to the two-continuance limit?
Yes, for providential cause, which may be continued as often as justice may require.
Does the two-continuance limit apply per case or per party?
The statute measures it by the same party continuing the case, so the count runs against that party rather than the case as a whole.
What kind of case does this section cover?
An appeal case.
Does a providential-cause continuance count toward the two-continuance cap?
No. The statute excepts providential cause from the cap, allowing continuances for that reason as often as justice requires.
Amendment History
Orig. Code 1863, § 3459; Code 1868, § 3479; Code 1873, § 3530; Code 1882, § 3530; Civil Code 1895, § 5137; Civil Code 1910, § 5723; Code 1933, § 81-1418.
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: appeal case continuance limit georgiaocga 9-10-163 two continuancesprovidential cause continuance appeal georgiageorgia appellate continuance cap