C4 Continuances in Criminal Cases

C4. CONTINUANCES IN CRIMINAL CASES

C4 .1 Grounds for Continuances [OCGA 17-8-20 et seq]

(Civil continuances see 1.43, OCGA 9-10-150 et seq. - provisions are similar but not identical)

A. Absent Witness - For absent witness [OCGA 17-8-25], must show:

1. absence;

2. subpoena served 24 hours or more before trial [OCGA 24-13-26(a)]; if subpoena issued in blank, witness's name and address must be filed with Clerk 6 hours or more before trial [OCGA 24-13-26(b)];

3. witness lives within 100 miles of court (but see 15.21(8));

4. testimony is material;

5. witness not absent by direct or indirect permission of movant;

6. movant expects to be able to procure testimony of witness in a reasonable time (within 30 days - see URMC § 10);

7. continuance not requested for purposes of delay;

8. facts expected to prove by witness (not merely cumulative).

OTHERWISE, no right to continuance and court may deny.

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