(a) All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.
§ 9-10-167.Continuance in discretion of court; countershowing to motion 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. § 9-10-167 commits continuance decisions to the court’s sound legal discretion when no other rule expressly governs, and lets the presiding judge admit a countershowing against a continuance motion before ruling after a hearing.
Full Text of § 9-10-167
(b) In all cases the presiding judge may, in his discretion, admit a countershowing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
Plain-English Summary
Not every continuance scenario fits one of the specific grounds spelled out elsewhere in this article, and this section supplies the default rule for the rest. All applications for continuances are addressed to the sound legal discretion of the court, and where the law does not expressly provide for the situation, the court grants or refuses the request as the ends of justice may require.
Subsection (b) gives the presiding judge a tool for testing a continuance motion before ruling on it: a countershowing. The judge may, in his discretion, allow the opposing side to put on evidence or argument against the motion, hold a hearing, and then decide whether the continuance should be granted.
Frequently Asked Questions
What standard governs a continuance application that is not covered by a specific Code section?
The sound legal discretion of the court, granted or refused as the ends of justice may require.
What is a countershowing?
Evidence or argument the presiding judge may allow, in his discretion, in response to a motion for a continuance.
Does the court have to hold a hearing before ruling on a countershowing?
The statute describes the judge admitting a countershowing and, after a hearing, deciding whether the motion shall prevail.
Who decides whether to allow a countershowing?
The presiding judge, in his discretion.
Does this section apply when another Code section expressly governs the continuance ground at issue?
Subsection (a) applies where the ground is not expressly provided for elsewhere, so a specific governing provision would control instead.
Amendment History
Orig. Code 1863, § 3460; Code 1868, § 3480; Ga. L. 1871-72, p. 49, § 1; Ga. L. 1872, p. 41, § 1; Code 1873, § 3531; Code 1882, § 3531; Civil Code 1895, § 5138; Penal Code 1895, § 966; Civil Code 1910, § 5724; Penal Code 1910, § 992; Code 1933, § 81-1419.
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: court discretion continuance georgiacountershowing motion continuance georgiaends of justice continuance georgia civil