---
title: O.C.G.A. § 9-10-153. Grounds for continuance — Service in National Guard; oath of party or statement of counsel.
collection: code
id: 9-10-153
cite_as: O.C.G.A. § 9-10-153 (2025)
canonical_url: https://georgiacommons.org/code/9-10-153
md_url: https://georgiacommons.org/code/9-10-153.md
text_url: https://georgiacommons.org/code/9-10-153/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=862
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / CIVIL PRACTICE AND PROCEDURE GENERALLY / CONTINUANCES
---

# O.C.G.A. § 9-10-153. Grounds for continuance — Service in National Guard; oath of party or statement of counsel.

It shall be the duty of any judge of a court of this state, on or without motion, to continue any case in the court when the case is reached and any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court or by reason of his attendance as a member of the National Guard upon any duty prescribed by the Governor or the adjutant general, unless the party, in the absence of his leading counsel, or the leading counsel, in the absence of the party, on the call of the case, announces ready for trial. If counsel is absent it shall be necessary for his client to make oath that he cannot safely go to trial without the absent counsel; and, if the party plaintiff or defendant is absent, his counsel shall state in his place that he cannot safely go to trial without the client.

## History

Ga. L. 1925, p. 149, § 1; Code 1933, § 81-1406; Ga. L. 1991, p. 404, § 1.

## Cross References

Corresponding provision relating to criminal procedure, § 17-8-31.