No continuance shall be granted in any of the courts in this state which have a continuous session for 30 days or more, over the objection of the adverse party, where the cause for the same can be obviated by a postponement to a later day during the term. It shall be the duty of the presiding judge, whenever a motion and a proper showing for a continuance are made by either party at any time, to set the case down for a later day during the same term if it is practicable thereby to avoid the continuance of the case.
§ 9-10-168.When postponement substituted 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. § 9-10-168 requires courts in continuous session for thirty days or more to use a postponement to a later day in the same term, instead of a continuance, whenever that would resolve the problem over the objection of the opposing party.
Full Text of § 9-10-168
Plain-English Summary
Some Georgia courts stay in session for a month or longer at a stretch, and this section asks judges in those courts to use that extended calendar before reaching for a continuance. If the reason behind a continuance request could be solved by moving the case to a later day within the same term, the court cannot grant the continuance over the objection of the adverse party.
The section places an affirmative duty on the presiding judge: whenever a party makes a motion and a proper showing for a continuance, the judge must set the case down for a later day in the same term if doing so would practically avoid the continuance. A short postponement, in other words, comes first — a full continuance is the fallback when a later trial date in the same term will not fix the problem.
Frequently Asked Questions
Which courts does this section apply to?
Courts in this state that have a continuous session for 30 days or more.
Can such a court grant a continuance over the adverse party’s objection?
Not if the cause for the continuance can be obviated by a postponement to a later day during the term.
What must the presiding judge do when a party makes a proper showing for a continuance?
Set the case down for a later day during the same term, if it is practicable thereby to avoid the continuance of the case.
Does this section replace continuances entirely in long-session courts?
No. It requires a postponement in place of a continuance only where the postponement can practically obviate the cause for delay; it does not eliminate continuances altogether.
Who can object to a continuance being granted instead of a postponement under this section?
The adverse party — the statute bars the continuance over that party’s objection when a postponement would work.
Amendment History
Ga. L. 1893, p. 56, § 1; Civil Code 1895, § 5139; Civil Code 1910, § 5725; Code 1933, § 81-1420.
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: postponement instead of continuance georgiacontinuous session court continuance georgialater day same term georgia trial