Continuances will not be granted merely by agreement of counsel. Actions will not be removed from a published trial calendar except by court direction upon such terms as reasonably may be imposed, including the possible imposition of a penalty of up to $50 upon the moving party if, absent statutory grounds or good cause, a motion for continuance of an action is first made within 5 days of the trial week scheduled.
Rule 8.5.Continuance After Scheduled for Trial
Rule 8. CIVIL JURY TRIAL CALENDAR · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 8.5 bars continuances by mere agreement of counsel, requires court approval to remove a case from the published trial calendar, and authorizes a penalty of up to $50 against a party who first moves for continuance within five days of the scheduled trial week without statutory grounds or good cause.
Full Text of Rule 8.5
Plain-English Summary
Rule 8.5 keeps continuances out of counsel’s hands. Two lawyers agreeing between themselves that a case should be postponed does not accomplish anything under this rule — a case stays on the published trial calendar unless the court itself directs otherwise, and the court can attach whatever reasonable terms it wants to granting that relief.
The rule also discourages last-minute continuance motions with a modest financial deterrent. If a party waits until within five days of the scheduled trial week to first move for a continuance, and cannot point to statutory grounds or good cause for the delay, the court may impose a penalty of up to $50 on that party. It is not a large sum, but it signals that the calendar is meant to be reliable and that late requests carry a cost when they are not justified.
Frequently Asked Questions
Can lawyers agree between themselves to continue a case?
No. Continuances will not be granted merely by agreement of counsel.
What is needed to remove a case from the published trial calendar?
Court direction, on terms the court may reasonably impose.
What penalty can apply for a late continuance motion?
A penalty of up to $50 against the moving party.
When does the late-motion penalty apply?
When the motion for continuance is first made within 5 days of the scheduled trial week.
Can a party avoid the penalty for a late continuance motion?
Yes, if the party has statutory grounds or shows good cause for the continuance.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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