In all cases, the party making an application for a continuance must show that he has used due diligence.
§ 9-10-166.Diligence to be shown by applicant for continuance
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-166 requires every party asking for a continuance, on any ground, to show the court that the party used due diligence, making diligence a threshold condition that runs across the whole continuance article.
Full Text of § 9-10-166
Plain-English Summary
This section is one sentence, but it anchors every continuance request in this article. In all cases, the party applying for a continuance must show that the party used due diligence.
That requirement sits underneath the specific grounds spelled out elsewhere — an absent witness, a sick lawyer, a surprise amendment. None of those grounds excuses a party from also showing it acted with diligence; a court can deny a continuance the party otherwise qualifies for if the underlying problem traces back to the party’s own lack of preparation.
Frequently Asked Questions
What must a party show to get a continuance under this section?
That the party has used due diligence.
Does this requirement apply to every kind of continuance application?
The statute states it applies in all cases.
Does showing a recognized ground for continuance, like witness absence, satisfy this section on its own?
The section imposes a separate requirement to show due diligence, which sits alongside whatever specific ground the party relies on.
Who bears the burden of showing diligence?
The party making the application for a continuance.
Does this section list specific acts that count as due diligence?
No. It states the requirement generally without listing particular acts that satisfy it.
Amendment History
Orig. Code 1863, § 3457; Code 1868, § 3477; Code 1873, § 3528; Code 1882, § 3528; Civil Code 1895, § 5135; Penal Code 1895, § 965; Civil Code 1910, § 5721; Penal Code 1910, § 991; Code 1933, § 81-1416.
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
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