Georgia Statutes
§ 9-10-158 — Continuance to enable opposite party to meet amendment; when charged to amending party
Georgia § 9-10-158
JurisdictionGeorgia
Title9
This text of Georgia § 9-10-158 (Continuance to enable opposite party to meet amendment; when charged to amending party) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 9-10-158 (2026).
Text
When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.
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Related
Lawrence v. Direct Mortgage Lenders Corp.
563 S.E.2d 533 (Court of Appeals of Georgia, 2002)
McFARLAND v. HODGE HOMEBUILDERS, INC
309 S.E.2d 853 (Court of Appeals of Georgia, 1983)
Jenkins v. State
349 S.E.2d 774 (Court of Appeals of Georgia, 1986)
Nearby Sections
15
§ 9-10-10
Cash bonds permitted; docketing§ 9-10-11
When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond§ 9-10-113
When verification sufficient§ 9-10-130
When affidavits amendable§ 9-10-131
Bonds in judicial proceedings amendable§ 9-10-132
Amendment of misnomers on motion§ 9-10-133
Mistake by clerk or ministerial officerCite This Page — Counsel Stack
Bluebook (online)
Georgia § 9-10-158, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/9-10-158.