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Official Code of Georgia Annotated

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

9-10-160. Continuance for absence of witness; what application to show.

Active

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

  1. All applications for continuances upon the ground of the absence of a witness shall show to the court:

  2. (1)

    That the witness is absent;#

  3. (2)

    That he has been subpoenaed;#

  4. (3)

    That he does not reside outside of the state;#

  5. (4)

    That his testimony is material;#

  6. (5)

    That the witness is not absent by the permission, directly or indirectly, of the applicant;#

  7. (6)

    That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;#

  8. (7)

    That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and#

  9. (8)

    The facts expected to be proved by the absent witness.#

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, § 3451; Code 1868, § 3471; Code 1873, § 3522; Code 1882, § 3522; Civil Code 1895, § 5129; Penal Code 1895, § 962; Civil Code 1910, § 5715; Penal Code 1910, § 987; Code 1933, § 81-1410; Ga. L. 1959, p. 342, § 1; Ga. L. 1991, p. 376, § 2.

Cross references

Use of depositions of absent witnesses, § 9-11-32. Corresponding provision relating to criminal procedure, § 17-8-25.

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 t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 871 to 872; merge action: carried; file SHA-256 ea8a520ad52f.