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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 8. TRIAL · Article 2. CONTINUANCES

17-8-22. Consideration of motion for continuance by court generally; allowance of counter-showing to motion.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. 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. In all cases the presiding judges may, in their discretion, admit a counter-showing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.

Cross references

Corresponding provision relating to civil procedure, § 9-10-167.

Law reviews

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For comment on Cannady v. State, 190 Ga. 227, 9 S.E.2d 241 (1940), see 3 Ga. B.J. 55 (1940).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 750; merge action: annotated; file SHA-256 0b0d45f9c609.