Title 9

A continuance requested by a party in a pending case in any court shall not be granted for longer than one term. History. Laws 1799, Cobb’s 1851 Digest, p. 486.; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, …

A case not reached at the trial term stands over as continued. History. Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.

(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. (b) In all cases the presiding judge may, in his discretion, admit a countershowing t…

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 …

Continuances of cases in the superior, state, county, and city courts and the dates thereof shall be entered on the docket. Upon the call of the calendar which includes such case, the judge shall announce the continuance. History. Ga. L. 1895, p. 41, § 1; Civil Code 1895, § 5140;…

Counsel shall be limited in their arguments to two hours on a side. History. Ga. L. 1924, p. 75, §§ 2, 3; Code 1933, § 81-1007; Ga. L. 1983, p. 884, § 3-4.

If counsel on either side, before argument begins, applies to the court for extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he or they cannot do the case justice within the time prescribed and that it will req…

Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion. History. Ga. L. 1924, p. 75, § 1; Code 1933, § 81-1004.

In the trial of any civil action, counsel for either party shall be permitted to use a blackboard and models or similar devices in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the ju…

In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case. H…

Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury …

The form of an action for the recovery of real estate and mesne profits may be as follows: IN THE COURT OF STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) 890 COUNTY COMPLAINT The defendant herein named is a resid…

The form of an action for the recovery of personal property may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street)…

The form of an action to recover money on a judgment may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street), (city…

The form of an action for words may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street), (city), County, Georgia, a…

Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966). Order valid if error merely clerical. — If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sent…

— If counsel, because counsel does not know the reason for the client’s absence, is unable to make the requisite formal and proper motion for continuance, the trial judge may assume that the defendant has voluntarily been absent from the trial, thereby waiving the defendant’s con…

— Granting or refusing a continuance is a matter within the discretion of the trial court, and unless abused, such discretion will not be controlled. Scott v. State, 151 Ga. App. 840, 262 S.E.2d 198 (1979). Motion for continuance is addressed to the sound discretion of the trial …

— If defendant is at large under bond, a greater degree of diligence on the defendant’s part is required than if the defendant has been incarcerated and unable personally to prepare the defendant’s case for trial. Watts v. State, 14 Ga. App. 600, 81 S.E. 902 (1914); Amerson v. St…

Moore, 281 Ga. 81, 635 S.E.2d 107 (2006). Distinction between O.C.G.A. §§ 9-11-21 and 9-11-42(b). — Severance under O.C.G.A. § 9-11-21 may be principally directed to the separation of claims within multiclaim litigation because of the peculiar relationship or status of parties wi…

— Statement in this statute that the burden of proof is on the plaintiff, except in the two instances mentioned, plainly indicates that they are not the only cases in which suit may be brought for a breach of warranty. When the warrantor has not been vouched or notified, so as to…

— Trial judge is not disqualified from passing upon the motion for a new trial when, after the verdict of guilty is returned into court, the judge states: ‘‘I think it is a proper verdict and one fully justified; I think the verdict is just.’’ Johnson v. State, 46 Ga. App. 494, 167…