Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 10. CIVIL PRACTICE AND PROCEDURE GENERALLY · Article 7. CONTINUANCES

9-10-158. Continuance to enable opposite party to meet amendment; when charged to amending party.

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

When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.

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, § 3450; Code 1868, § 3470; Code 1873, § 3521; Code 1882, § 3521; Civil Code 1895, § 5128; Civil Code 1910, § 5714; Code 1933, § 81-1409.

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

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 869; merge action: carried; file SHA-256 ea8a520ad52f.

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