How to Complete and File a Motion for Continuance in Georgia

To postpone a hearing or trial in a Georgia court, you file a motion for continuance in Georgia with the clerk of the court handling your case. The motion is a written request that identifies the scheduled proceeding, states a recognized legal ground for the delay, and gives the judge enough factual detail to rule. Georgia has no single statewide form — many counties post their own fillable templates through the local clerk’s office, and you can adapt one from another county if yours does not.¹² Whether the judge grants it comes down to the reason you give and the timing of your request.

Grounds a Georgia Judge Will Accept

Georgia judges have broad discretion, but several statutes name specific grounds a court must or should honor. Citing the right one matters. A vague request for “more time” without a recognized basis will almost certainly be denied.

You cannot attend. Under O.C.G.A. § 9-10-154, if you are providentially prevented from attending trial — meaning something beyond your control — your attorney can state on the record that the case cannot safely proceed without you, and the court must grant the continuance as long as you have not already used up your allowed continuances in the case.³
Your attorney is ill or unavoidably absent. O.C.G.A. § 9-10-155 covers this when the affected attorney is your only counsel or your lead counsel. You must swear under oath that you cannot safely go to trial without that attorney, that you expect their services at the next term, and that you are not asking for delay only.⁴
Military or National Guard service. O.C.G.A. § 9-10-153 requires judges to continue a case when a party or lead counsel is absent because of active military service or National Guard duty ordered by the Governor or adjutant general.⁵
Legislative session. Under O.C.G.A. § 9-10-150, a party or lead attorney who is a member of the Georgia General Assembly (or certain legislative staff) is entitled to a continuance during the legislative session, the seven days before it, and the three weeks after adjournment.⁶
An absent material witness. O.C.G.A. § 9-10-160 permits a continuance when a witness is unavailable, but the requirements are strict enough to treat separately (below).

Even outside these categories, Georgia courts can grant a continuance whenever “the ends of justice may require” it. That catch-all comes from O.C.G.A. § 17-8-22, which confirms that continuance requests are addressed to the judge’s sound legal discretion.⁷ Common non-statutory reasons include newly retained counsel who needs preparation time, active settlement negotiations, and scheduling conflicts with another court. None of these guarantee a favorable ruling.

The Absent-Witness Ground and Its Eight Requirements

If your reason is an unavailable witness, the motion must show all eight of the following. Missing even one lets the judge deny the request without abusing discretion:

The witness is absent.
The witness was subpoenaed.
The witness does not live outside the state.
The testimony is material to the case.
The witness is not absent with your permission or cooperation.
You expect to be able to secure the testimony at the next term of court.
The request is made to obtain the testimony, not to delay.
The specific facts you expect the witness to prove.

That last point is the one filers most often underestimate. Saying the witness has “important information” is not enough; you have to spell out what the witness would testify to if present.⁸ Even when you meet all eight, the court can still deny the motion if the opposing side stipulates to those facts or shows that the testimony would only duplicate evidence already available.

What the Motion Must Contain

Some counties, including DeKalb and Forsyth, post fillable PDF templates on their court websites. If your county does not, draft the motion yourself or adapt another county’s form. Either way, include:

Case caption. The court and county (for example, “In the Superior Court of Fulton County, State of Georgia”), the full names of the plaintiff and defendant, and the civil action or case number. Copy this exactly as it appears on prior filings; small discrepancies cause processing delays.
The scheduled event. Identify the hearing, trial, or proceeding you want postponed and its current date.
Factual basis. Explain why the continuance is needed and cite the applicable statutory ground if one fits. “Personal reasons” will not persuade a judge. For an absent witness, address all eight § 9-10-160 requirements. For your own unavailability, explain the cause and why your presence is necessary.
Requested timeframe. State how long a postponement you need, or propose new dates if you can. Judges respond better to a concrete request than an open-ended one.
Scheduling conflict details. If the conflict is with another court date, include that court’s name and case number. Under Uniform Superior Court Rule 17.1, attorneys with conflicts across multiple courts must give written notice with a proposed resolution formatted according to the rule’s priority order.
Certificate of service. A statement confirming you delivered a copy of the motion to all opposing parties, with the method and date of delivery.
Signature and date. Attorneys should also include their Georgia Bar number.

If the ground requires an oath — illness of counsel under § 9-10-155, for example — the motion or an attached sworn statement must include the required language, including that you cannot safely go to trial without the absent attorney and that the request is not for delay only.⁴

Filing and Serving the Motion

Since January 1, 2019, all civil actions filed by an attorney in Georgia state or superior courts must be filed electronically.⁹ The main platforms are Odyssey eFileGA and PeachCourt, with GreenFiling/InfoTrack available in some jurisdictions; check which one your court uses through the Georgia Courts e-filing page.¹⁰ Each platform walks you through uploading the motion, paying any fee, and generating proof of filing.

The mandatory e-filing rules generally apply to filings by attorneys. If you are representing yourself, some clerks accept paper filings from self-represented parties. Call your clerk’s office before you file to confirm whether you can submit in person or by mail.

Serving the Other Side

Georgia’s Civil Practice Act requires service on every other party in the case. Under O.C.G.A. § 9-11-5, service can be made by delivering a copy, mailing it, or sending it through the e-filing system. Attach a certificate of service confirming the method and date.¹¹ Forgetting the certificate of service, or failing to serve opposing counsel at all, gives the judge a straightforward reason to deny the motion before ever reaching the merits.

Timing

There is no fixed statewide deadline for filing a continuance motion, but waiting has real consequences. Under Uniform Superior Court Rule 8.5, if you file a motion to continue a case already on the trial calendar within five days of the scheduled trial week without statutory grounds or good cause, the court can impose a penalty of up to $50 on top of anything else it does with your request. More practically, judges look more favorably on a motion filed weeks in advance than one dropped on the docket the day before trial. File as soon as you know you need the postponement.

Filing Fees

Motion filing fees vary by county and court type. In some courts, filing a motion within an existing case costs nothing; Fulton County Superior Court, for example, lists motion filings at $0.¹² Other courts may charge a small fee. Check your court’s fee schedule before filing.

If you cannot afford the costs, O.C.G.A. § 9-15-2 lets you file an affidavit of indigence in place of payment. You swear that you cannot pay because of your financial situation, and the court treats your filing as though you had paid. The opposing party can challenge the affidavit under oath, and the court can investigate on its own. If you file the affidavit without an attorney, the judge will first review your pleading for a basic legal or factual basis before the clerk processes it.¹³ Be ready to provide income, expense, and bank documentation; individual courts often have supplemental requirements for what to attach.

After You File

One of three things happens next: the judge signs an order granting the motion, signs an order denying it, or schedules a brief hearing so both sides can argue the issue. A hearing is more likely if the opposing party filed a response. Under O.C.G.A. § 17-8-22, the judge may admit evidence from the other side disputing your stated grounds before ruling.⁷

A signed written order is the only thing that actually changes your court date. Do not assume the date is postponed just because you filed the motion. Until you have an order, plan to appear at the originally scheduled time. Missing a hearing on the assumption that a pending motion will be granted is one of the fastest ways to lose a case by default.

If the Judge Denies Your Motion

A denial is not directly appealable as a final judgment. Georgia appellate courts review continuance rulings for “manifest abuse of discretion,” a high bar. Immediate review is possible through an interlocutory appeal under O.C.G.A. § 5-6-34(b), but only if the trial judge certifies within ten days that the order is important enough to warrant it. You then have ten days after receiving that certificate to file an application with the Court of Appeals or Supreme Court, and the appellate court has 45 days to decide whether to hear it.¹⁴ Convincing a judge who just denied your continuance to then certify that denial for immediate appeal is a long shot. The more realistic path is to proceed with the hearing or trial and raise the denial as an issue in any later appeal from the final judgment.

1
DeKalb County Superior Court. Pro Se Motion for Continuance
2
Forsyth County Courts. Georgia Motion for Continuance Form
3
Justia. Georgia Code 9-10-154 – Grounds for Continuance – Party Providentially Prevented From Attendance; Statement of Counsel
4
Justia. Georgia Code 9-10-155 – Grounds for Continuance – Illness or Absence of Counsel
5
Justia. Georgia Code 9-10-153 – Grounds for Continuance – Service in Armed Forces or National Guard
6
Justia. Georgia Code 9-10-150 – Grounds for Continuance and Stay – Attendance of Party or Attorney in General Assembly
7
Justia. Georgia Code 17-8-22 – Consideration of Motion for Continuance by Court Generally
8
Justia. Georgia Code 9-10-160 – Continuance for Absence of Witness; What Application to Show
9
State Bar of Georgia. eFiling in Georgia Courts
10
Georgia Courts. E-File Court Records
11
FindLaw. Georgia Code Title 9 Civil Practice 9-11-5
12
Fulton County Superior Court. Review Fee Schedule
13
FindLaw. Georgia Code Title 9 Civil Practice 9-15-2
14
Justia. Georgia Code 5-6-34 – Judgments and Rulings Deemed Directly Appealable