Public-domain · open source
OpenJurist

O.C.G.A. § 15-11-110

Continuance of a hearing in dependency proceedings

Applied in 3 court decisions — leading case State v. Planned Parenthood of Alaska (2007)

Most recently applied in State v. Planned Parenthood of Alaska (November 2007)

— Code 1981, § 15-11-110, enacted by Ga

(a) Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child’s interests, the court shall give substantial weight to a child’s need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements.

(b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record.

(c) Astipulation between attorneys or the convenience of the parties shall not constitute good cause. Hearings with dependency case time limitations required by Code Section 15-11-102 and termination of parental rights hearings shall take priority in attorney conflict resolution over all other civil and criminal hearings and nonjury appearances in any other class of trial court. The need for discovery shall not constitute good cause unless the court finds that a person or entity has failed to comply with an order for discovery.

(d) In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of

this Code section.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.