STATE COURT MOTION FOR CONTINUANCE

(Georgia Superior Court – Template)

[// GUIDANCE: Modify captions for State Court or Magistrate Court as appropriate.]

1. CAPTION

IN THE SUPERIOR COURT OF [COUNTY] COUNTY
STATE OF GEORGIA

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action File No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

COMES NOW [MOVING PARTY], by and through counsel, and respectfully moves this Court for a continuance of the [trial/hearing] currently scheduled for [CURRENT DATE]. [MOVING PARTY] requests that the proceeding be continued to [REQUESTED NEW DATE] or such other date as suits the Court.

This motion is made pursuant to O.C.G.A. § 9-10-150 and Uniform Superior Court Rule 6.2. Good cause exists because [state detailed reasons—e.g., "lead counsel is engaged in another jury trial", "material witness is unavailable", "additional time is needed to complete court-ordered mediation"].

Counsel certifies that opposing counsel was contacted on [DATE] and [does/does not] oppose the relief requested.

3. MEMORANDUM OF LAW

A. Legal Standard

O.C.G.A. § 9-10-150 authorizes the Court to grant continuances "upon good cause shown" and sets forth specific circumstances where continuances may be appropriate, including absence of material witnesses, counsel engagement, and other providential causes. Georgia courts consider the diligence of the requesting party, prior continuances, and potential prejudice to other parties. See State v. Johnson, 282 Ga. 96, 97, 646 S.E.2d 216 (2007).

B. Argument

1. Providential Cause/Statutory Ground. [// GUIDANCE: Identify the applicable statutory basis (e.g., engagement of counsel, absence of witness) and provide supporting detail.]
2. Diligence. [// GUIDANCE: Describe steps taken to avoid the conflict, efforts to secure witness attendance, and promptness in seeking relief.]
3. Absence of Prejudice. [// GUIDANCE: Explain why opposing parties and the Court will not be prejudiced by the requested continuance.]

4. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF GEORGIA
COUNTY OF [COUNTY]

Personally appeared before the undersigned officer duly authorized to administer oaths, [ATTORNEY NAME], who after being duly sworn deposes and states:

1. I am counsel of record for [PARTY] in the above-styled case.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. The continuance is necessary because [provide detailed facts consistent with the statutory grounds].
4. I have exercised due diligence to prepare for the current setting.
5. On [DATE], I consulted with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.
6. This motion is made in good faith and not for delay.

Further affiant sayeth not.

[ATTORNEY NAME]

Sworn to and subscribed before me this ___ day of ____, 20__.

Notary Public, State of Georgia
My commission expires: ____

5. [PROPOSED] ORDER

IN THE SUPERIOR COURT OF [COUNTY] COUNTY
STATE OF GEORGIA

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action File No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER ON MOTION FOR CONTINUANCE

The Court, having considered [MOVING PARTY]'s Motion for Continuance and the supporting affidavit, finds good cause pursuant to O.C.G.A. § 9-10-150. It is hereby ORDERED that:

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. Corresponding deadlines (discovery, motions, pretrial submissions) are reset as follows: [list revised dates].
3. Counsel shall notify all witnesses and parties of the new dates.

SO ORDERED this ___ day of ____, 20__.

Judge of Superior Court

6. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the foregoing MOTION FOR CONTINUANCE upon all counsel of record by [method authorized under Uniform Superior Court Rule 6.1] on [DATE].

[List recipients]

[NAME OF DECLARANT]