O.C.G.A. § 9-10-160
Continuance for absence of witness; what application to show
Redline — December 1, 2018 → current.View current text →
Current — February 1, 2022
As of December 1, 2018
All applications for continuances upon the ground of the absence of a witness shall show to the court:
All applications for continuances upon the ground of the absence of a witness shall show to the court:
(1) That the witness is absent;
(1) That the witness is absent;
(2) That he has been subpoenaed;
(2) That he has been subpoenaed;
(3) That he does not reside outside of the state;
(3) That he does not reside outside of the state;
(4) That his testimony is material;
(4) That his testimony is material;
(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;
(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;
(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;
(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;
(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
(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
(8) The facts expected to be proved by the absent witness. (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;
(8) The facts expected to be proved by the absent witness.
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.