Rule 616-1-2-.41 - Continuances; Conflicts(1)Continuances. A motion for continuance shall only be granted upon a showing of good cause or where required by law, and shall not be granted simply because the parties or their counsel agree. (a) In determining whether to grant a motion for continuance, the Court may consider, among other pertinent factors, 1. the impact of a continuance on any parties who do not consent to the motion;3. the difficulty in rescheduling the hearing site;4. the need for an expeditious resolution of the matter(s) at issue; and5. the public health, safety, and welfare.(b) A notice of conflict shall not be considered a motion for a continuance.(c) In the event a motion for continuance is filed within ten (10) calendar days of a scheduled hearing, the Court may continue the hearing without the necessity of allowing time for a response if the opposing party has been served with a copy of the motion for continuance and the party seeking a continuance has set forth facts that constitute good cause for a continuance.(2)Conflicts.(a) In the event an attorney has a conflict involving an appearance before the Court and another legal proceeding, the requirements of the Uniform Rules for the Superior Courts shall be followed.(b) If the party filing the notice of conflict also seeks a continuance of the pending case, a separate motion for continuance shall accompany the notice of conflict.Ga. Comp. R. & Regs. R. 616-1-2-.41
O.C.G.A. § 50-13-40.
Original Rule entitled "Continuances and Conflicts" adopted. F. Feb. 27, 1997; eff. Mar. 19, 1997.Repealed: New Rule entitled "Continuances; Conflicts" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.