Institution of Action on Same Cause in Other State; Setting Case in This State; Postponement Limited

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Actions Generally
  5. Abatement
  6. Institution of Action on Same Cause in Other State; Setting Case in This State; Postponement Limited

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  1. Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered in the other state might be pleadable in the case in this state as affecting the relief sought, it shall be the duty of the judge of the court in which the case is pending to set the case specially and ahead of all other business for trial as the first case at the next ensuing term of the court, except for other cases having precedence for the same reason.
  2. No case so assigned for trial shall be continued or postponed for more than 30 days for any cause whatsoever at the instance of the party who has instituted the case or proceedings in the foreign state. The case may be postponed from day to day for good cause for not exceeding 30 days at the instance of such party, but after being postponed for the 30 days it shall not be further postponed at his instance. If the term of court ends within the 30 days and the case has not been continued for the term, it shall stand for trial as the first case at the next ensuing term. This Code section shall not be applied so as to set any case for trial before proper times have elapsed for notice, the filing of defensive pleadings, and discovery. Proper time limits for discovery shall be in the discretion of the judge.

(Ga. L. 1922, p. 96, §§ 1, 2; Code 1933, §§ 3-603, 3-604.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 11. 20 Am. Jur. 2d, Courts, § 82.

C.J.S.

- 1 C.J.S., Abatement and Revival, § 70 et seq. 17 C.J.S., Continuances, § 115. 21 C.J.S., Courts, §§ 170, 179.


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