UNIFORM RULES SUPERIOR COURTS OF THE STATE …

1 UNIFORM RULES SUPERIOR COURTS OF THE STATE OF GEORGIA COUNCIL OF SUPERIOR COURT JUDGES i TABLE OF CONTENTS Rule 1. PREAMBLE .. 1 Rule Repeal of Local RULES .. 1 Rule Authority to Enact RULES Which Deviate From the UNIFORM SUPERIOR Court RULES .. 1 Rule Repeal of Earlier " RULES of the SUPERIOR Court" .. 2 Rule Matters of Statewide Concern .. 2 Rule Deviation .. 2 Rule Amendments .. 2 Rule Publication of RULES and Amendments .. 3 Rule 2. DEFINITIONS .. 3 Rule Attorney .. 3 Rule Judge .. 3 Rule Clerk .. 3 Rule Calendar Clerk .. 3 Rule Assigned Judge .. 4 Rule Non Sexist Pronouns [Deleted] .. 4 Rule 3. ASSIGNMENT OF CASES AND ACTIONS .. 4 Rule Method of Assignment .. 4 Rule Companion and Related Actions .. 4 Rule Exclusive Control .. 4 Rule Local Authority .. 5 Rule 4. ATTORNEYS APPEARANCE, WITHDRAWAL AND DUTIES .. 5 Rule Prohibition on Ex Parte Communications .. 5 Rule Entry of Appearance and Pleadings .. 5 Rule Withdrawal.

2 6 Rule Admission Pro Hac Vice .. 8 ii Rule Entries of Appearance and Withdrawals by Members or Employees of Law Firms or Professional Corporations .. 11 Rule To Notify of Representation .. 11 Rule To Utilize Assigned Judge .. 11 Rule To Notify of Related Cases .. 12 Rule To Notify of Previous Presentation to Another Judge .. 12 Rule To Notify of Settlements and Dismissals .. 12 Rule Attorneys: Appearance, Withdrawal and Duties; to Attend and Remain .. 12 Rule Binding 12 Rule 5. DISCOVERY IN CIVIL ACTIONS .. 12 Rule Prompt Completion .. 12 Rule Filing Requirements .. 13 Rule Depositions Upon Oral Examination-Duration .. 13 Rule 6. MOTIONS IN CIVIL 13 Rule Filing .. 13 Rule Reply (Motions in Civil Actions) .. 13 Rule Hearing .. 14 Rule Failure to Make Discovery and Motion to Compel Discovery .. 14 Rule Motions for Summary Judgment .. 14 Rule Time for Filing Summary Judgment Motions .. 14 Rule Motions in Emergencies .. 15 Rule 7.

3 PRE TRIAL CONFERENCES .. 15 Rule Civil .. 15 Rule Civil Pre Trial 15 Rule 18 Rule Criminal 18 Rule 8. CIVIL JURY TRIAL CALENDAR .. 19 Rule Scheduling Trials .. 19 iii Rule Ready 19 Rule Trial Calendar .. 19 Rule Trial Date .. 20 Rule Continuance After Scheduled for Trial .. 20 Rule Special Settings .. 20 RULE 9. TELEPHONE AND VIDEO-CONFERENCING .. 20 Rule Telephone Conferencing .. 20 Rule Video-Conferencing .. 20 Rule 10. TRIALS .. 22 Rule Voir 22 Rule Opening Statements in Criminal Matters .. 23 Rule Requests and Exceptions to Charge .. 23 Rule Excusals From 23 Rule 11. SELECTION OF JURIES .. 23 Rule 12. VOLUNTARY DISMISSAL OF 23 Rule 13. ARGUMENTS .. 23 Rule Time Limitations .. 23 Rule Extensions .. 24 Rule Number of Arguments .. 24 Rule Conclusion .. 24 Rule 14. DISMISSAL .. 24 Rule 15. DEFAULT JUDGMENTS .. 24 Rule Garnishments .. 24 Rule 16. LEAVES OF ABSENCE .. 25 Rule Leaves for Thirty (30) Calendar Days or Less.

4 25 Rule Leaves for More Than Thirty (30) Calendar Days or Those Either on a Published Calendar, Noticed for a Hearing, or not Meeting the Time Requirements of .. 25 Rule or Leave .. 26 iv Rule Denial of Application for Leave .. 26 Rule 17. CONFLICTS STATE AND FEDERAL COURTS .. 27 Rule Method of Resolution .. 27 Rule Attorneys Serving as Part time Judges .. 28 Rule 18. RULES FOR SERVICE OF SENIOR JUDGES .. 28 Rule Definitions .. 28 Rule Requests for Assistance .. 29 Rule Certificate of Need .. 29 Rule Emergency Requests .. 29 Rule Residence of Senior Judge .. 29 Rule Defeated Senior Judges .. 30 Rule Fiscal Eligibility [Deleted] .. 30 Rule Election of Ineligibility .. 30 Rule 19. TRANSFER/CHANGE OF VENUE .. 30 Rule Civil .. 30 Rule Criminal .. 32 Rule Contested Election Results .. 32 Rule 20. PEREMPTORY CALENDAR .. 32 Rule 21. LIMITATION OF ACCESS TO COURT FILES .. 32 Rule Motions and Orders .. 32 Rule Finding of Harm .. 33 Rule Ex Parte Orders.

5 33 Rule Review .. 33 Rule Amendments .. 33 Rule 22. ELECTRONIC AND PHOTOGRAPHIC NEWS COVERAGE OF JUDICIAL PROCEEDINGS .. 33 Rule 23. WITHDRAWAL OF FUNDS FROM COURT .. 36 v Rule 24. DOMESTIC RELATIONS .. 36 Rule Scope of Domestic Relations Actions .. 36 Rule Financial Data Required; Scheduling and Notice of Temporary Hearing .. 37 Rule Monthly Figures Required; Week to Month Multipliers .. 44 Rule Acknowledgement and Waivers .. 44 Rule Notice of Temporary Hearings in Cases Not Involving Financial Matters .. 45 Rule Witnesses in Domestic Relations Actions .. 45 Rule Uncontested Divorce Actions .. 45 Rule Contested Divorce Actions .. 45 Rule Court Mandated Programs in Domestic Relations Cases .. 45 Rule Appointment, Qualification and Role of a Guardian ad Litem .. 46 Rule Parenting Plans .. 50 Rule 25. RECUSAL .. 58 Rule Motions .. 58 Rule Affidavit .. 58 Rule Duty of the Trial Judge .. 59 Rule Procedure Upon a Motion for Disqualification.

6 59 Rule Selection of Judge .. 60 Rule Findings and Ruling .. 60 Rule Voluntary Recusal .. 60 Rule 26. PRE-INDICTMENT PROCEEDINGS .. 60 Rule Bonds and First 60 Rule Commitment Hearing by Court of Inquiry .. 61 Rule Delayed Indictments .. 62 Rule 27. PRE TRIAL RELEASE 62 Rule Structure .. 62 Rule 63 vi Rule Release Under the Program .. 63 Rule Security Bail Other Than 10% Bail .. 64 Rule Exoneration of Bondsman After 64 Rule 28. JAIL CENSUS .. 64 Rule 29. APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS .. 64 Rule Counties to Which This Rule is Applicable .. 64 Rule Application and Appointment of Counsel .. 65 Rule The Role of Law Enforcement .. 65 Rule Responsibility for Determination of 68 Rule UNIFORM Eligibility Guidelines .. 68 Rule Standards of Performance for Appointed Attorneys [Reserved] .. 69 Rule County May Select Method of Providing Counsel .. 69 Rule Assignment of Cases to Private Attorneys .. 69 Rule Fees Paid to Lawyers Under a Panel Program.

7 69 Rule Fee Disputes .. 70 Rule Independence of Counsel .. 70 Rule 30. ARRAIGNMENT .. 70 Rule 70 Rule Call for Arraignment .. 70 Rule List of Witnesses .. 70 Rule 31. MOTIONS, DEMURRERS, SPECIAL PLEAS, AND SIMILAR ITEMS IN CRIMINAL MATTERS .. 71 Rule Time for Filing; Requirements.. 71 Rule Time for Hearing .. 71 Rule Notice of Prosecution s Intent to Present Evidence of Similar Transactions .. 71 Rule Motion and Order for Evaluation Regarding Mental Competency to Stand Trial .. 72 Rule Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness or Mental Retardation at the Time of the Act .. 74 vii Rule Notice of Intention of Defense to Present Evidence of Acts of Violence by the Victim .. 76 Rule 32. CRIMINAL TRIAL CALENDAR .. 77 Rule Calendar Preparation .. 77 Rule Removal from Calendar .. 77 Rule 33. PLEADING BY DEFENDANT .. 77 Rule Alternatives .. 77 Rule Aid of Counsel Time for Deliberation .. 77 Rule Propriety of Plea Discussions and Plea Agreements.

8 78 Rule Relationship Between Defense Counsel and Client .. 78 Rule Responsibilities of the Trial Judge .. 78 Rule Consideration of Plea in Final 79 Rule Determining Voluntariness of Plea .. 79 Rule Defendant to Be Informed .. 80 Rule Determining Accuracy of Plea .. 81 Rule Stating Intention to Reject the Plea Agreement .. 81 Rule Record of 81 Rule Plea Withdrawal .. 81 Rule 34. UNIFIED APPEAL .. 81 Rule 35. POST SENTENCE INFORMATION .. 82 Rule Notification to Department of Corrections .. 82 Rule Sentencing and Sentence Review .. 82 Rule 36. FILING AND PROCESSING .. 82 Rule Preparation of Documents .. 82 Rule Time of 82 Rule Caption .. 82 Rule Signatures on Documents Filed of Record .. 82 Rule Location of Original .. 83 viii Rule Minutes and Final Record .. 83 Rule Filing of Transcripts .. 83 Rule File Categories .. 83 Rule Identification .. 83 Rule Filing Requirements Civil .. 83 Rule Return of Service Civil .. 83 Rule Advance Costs Civil.

9 84 Rule Filing Requirements Criminal .. 84 Rule Filing of No Bills .. 84 Rule Assessment of Costs Criminal .. 84 Rule 37. COURT ADMINISTRATORS .. 84 Rule 38. FILING OF REMITTITUR AND JUDGMENT .. 84 Rule 39. DOCKETING AND INDEXING .. 85 Rule Dockets to be Maintained .. 85 Rule The Civil Docket .. 85 Rule Civil Case Initiation Form .. 86 Rule Modification of the Civil Case Initiation Form .. 86 Rule Civil Case Disposition Form .. 86 Rule Modification of the Civil Case Disposition Form .. 87 Rule The Criminal Docket .. 87 Rule Lis Pendens Docket .. 88 Rule General Execution Docket .. 88 Rule Adoption Docket .. 89 Rule Required Forms .. 89 Rule Suggested Forms .. 89 Rule Court Information .. 90 Rule 40. COMPUTER APPLICATIONS AND STANDARDS .. 90 ix Rule 41. MOTIONS FOR NEW TRIAL .. 91 Rule Time for Hearing .. 91 Rule Transcript Preparation .. 91 Rule Transcript Costs .. 91 Rule 42. SPECIAL COUNSEL .. 91 Rule Private Special Prosecutors.

10 91 Rule Appointment of Counsel to Assist Retained Counsel .. 91 Rule 43. MANDATORY CONTINUING JUDICIAL EDUCATION (MCJE) .. 91 Rule Program Requirements .. 91 Rule Administration of the Program .. 92 Rule Council of SUPERIOR Court Judges Committee on Mandatory Continuing Judicial Education .. 93 Rule Sanctioning Procedures .. 93 Rule Exemptions .. 93 Rule 44. HABEAS CORPUS PROCEEDINGS IN DEATH SENTENCE CASES .. 94 Rule Application .. 94 Rule Request for Judicial Assignment .. 94 Rule Respondent s Answer or Motion to Dismiss .. 94 Rule Assignment of Judge for Habeas Corpus Proceedings .. 94 Rule Preliminary Conference and Scheduling .. 94 Rule Motions .. 95 Rule Amendments to the Petition; Discovery .. 95 Rule Pretrial Conference .. 95 Rule Evidentiary Hearing .. 95 Rule Preparation of Transcript .. 95 Rule Briefing .. 95 Rule Ruling on Petition .. 96 Rule Effect of Rule .. 96 x Rule 45. COURT EMERGENCY MEASURES .. 96 Rule 46. SPECIAL MASTERS.