Title 9, Chapter 2, Section 46
( 9-2-46)
(a) 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. (b) 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. |