(a) Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered in the other state might be pleadable in the case in this state as affecting the relief sought, it shall be the duty of the judge of the court in which the case is pending to set the case specially and ahead of all other business for trial as the first case at the next ensuing term of the court, except for other cases having precedence for the same reason.
§ 9-2-46.Institution of action on same cause in other state; setting case in this state; postponement limited
Chapter 2. Actions Generally · Article 3. Abatement · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-46 requires a Georgia judge to set a pending case specially for trial, ahead of other business, once it appears that a party filed a parallel proceeding on the same controversy in another state, and caps how long that party can postpone the resulting trial date, generally to thirty days.
Full Text of § 9-2-46
(b) No case so assigned for trial shall be continued or postponed for more than 30 days for any cause whatsoever at the instance of the party who has instituted the case or proceedings in the foreign state. The case may be postponed from day to day for good cause for not exceeding 30 days at the instance of such party, but after being postponed for the 30 days it shall not be further postponed at his instance. If the term of court ends within the 30 days and the case has not been continued for the term, it shall stand for trial as the first case at the next ensuing term. This Code section shall not be applied so as to set any case for trial before proper times have elapsed for notice, the filing of defensive pleadings, and discovery. Proper time limits for discovery shall be in the discretion of the judge.
Plain-English Summary
Filing a parallel lawsuit in another state, while a Georgia case on the same dispute is already underway, looks like it could be a stalling tactic — spreading the fight across two courts to slow both of them down. This section gives Georgia judges a tool to push back against that.
Once it’s shown that a party to a pending Georgia case has, after that case began, started a proceeding in another state’s court involving the same controversy or cause of action (or one whose judgment might affect the relief sought in the Georgia case), the judge has to set the Georgia case specially, ahead of other business, for trial as the first case at the next term of court.
The party who went to the other state doesn’t get to slow-walk that Georgia trial date. The case can’t be continued or postponed for more than thirty days total at that party’s instance, though it can be postponed day to day for good cause within that thirty-day window. If the court term ends before the thirty days run out and the case wasn’t continued for the term, it moves automatically to the top of the docket the next term. None of this shortcuts the time parties need for notice, filing defensive pleadings, or discovery. Only the time limits for discovery, though, are left to the judge’s discretion.
Frequently Asked Questions
What triggers the special trial-setting requirement in this section?
A showing that a party to a pending Georgia case has, after the case was commenced, instituted proceedings in another state’s court involving the same controversy or cause of action, or one whose judgment might be pleadable in the Georgia case.
How quickly must the Georgia case be set for trial once the out-of-state filing is shown?
The judge must set the case specially and ahead of all other business for trial as the first case at the next ensuing term of court, except for other cases with equal precedence.
How long can the party who filed in the other state delay the Georgia trial?
No more than thirty days total at that party’s instance, though the case may be postponed day to day for good cause within that thirty-day period.
What happens if the court term ends before the thirty-day postponement period runs out?
If the case has not been continued for the term, it stands for trial as the first case at the next ensuing term.
Does this section shorten the normal time for discovery or filing an answer?
No. The section states it shall not be applied to set a case for trial before proper times have elapsed for notice, defensive pleadings, and discovery, and leaves discovery time limits to the judge’s discretion.
Amendment History
Ga. L. 1922, p. 96, §§ 1, 2; Code 1933, §§ 3-603, 3-604.
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: parallel lawsuit another state Georgia trial settingGeorgia special trial setting out of state casepostponement limit thirty days Georgia lawsuitGeorgia Code Section 9-2-46party files case in another state Georgia trial priority