Georgia Small Claims Court Continuance: How to Reschedule Your Hearing

When You Can Request a Continuance

A continuance pushes your hearing date to a later time. In Georgia Magistrate Court, either the plaintiff or the defendant can request one, but the magistrate judge has full discretion to grant or deny it. Continuances are not automatic — you need a legitimate reason, and you need to ask properly.

Examples of good cause include documented medical emergencies and conflicting court appearances. The judge decides whether the reason supports a continuance. "I forgot" or "I'm not ready" rarely works.

How to Request a Continuance

File a written Motion for Continuance with the Magistrate Court clerk as soon as you know you need one. The motion should state:

• Your case number and the names of both parties
• The currently scheduled hearing date
• The specific reason you cannot attend
• A request for a new hearing date (or a statement that you are available on any future date)
• Supporting documentation if available (a doctor's note, travel confirmation, military orders)

File the motion through a channel the court accepts. Call the clerk's office to confirm whether it accepts continuance requests by email, fax, in person, or through an e-filing portal.

Timing Matters

Request the continuance in writing as soon as possible and explain the reason. The court's rules require a written request as early as possible; you must appear as scheduled unless the court grants the request.

If you are the plaintiff, a continuance delays your recovery but does not change your case. If you are the defendant, the 30-day answer deadline and the default timeline are already satisfied by the time you reach the hearing stage — a continuance does not reset those.

What If the Judge Denies Your Request

If the court denies the continuance, you must appear at the scheduled hearing. Failing to appear as the plaintiff typically results in a dismissal without prejudice. Failing to appear as the defendant can result in the court proceeding without you and entering judgment against you.

If you truly cannot attend and the judge denied your written request, consider whether you can send a representative. In Georgia Magistrate Court, a business may be represented by a designated officer or full-time employee who provides the affidavit or supporting documents required by Rule 31. Individual litigants can also retain an attorney to appear on their behalf.

Mediation as an Alternative

If you need more time because you are close to settling, ask the court about mediation through its ADR program. Many Georgia Magistrate Courts maintain court-connected mediation services. Mediation does not toll the defendant's 30-day answer deadline, but it can happen alongside the existing hearing schedule and often resolves cases faster than waiting for a new hearing date.

Stay on Track With Your Filing

The Georgia Small Claims Filing Guide includes deadline trackers and step-by-step hearing preparation checklists that help you stay organized throughout the process — whether your hearing is on schedule or rescheduled through a continuance.

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