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Amendment to Rule 16

Please find below an amendment the Court approved at the last Banc Meeting to clarify the language of Rule 16(c). This amendment shall be effective June 14, 2013.


Rule 16. Extension of Time for Filing.

(a) Pursuant to the provisions of OCGA § 5-6-39, requests for extensions of time, which must be in writing, may be made only upon showing a bona fide effort has been made to obtain the extension from the trial court and the reason it could not be obtained. Any motion for extension of time to file a Notice of Appeal made in this Court shall be made as a Rule 40 (b) motion and shall be accompanied by a filing fee in the amount set out in Rule 5 or a sufficient pauper's affidavit.

(b) Extensions of time to file briefs must be requested by motion and shall be subject to the Court's discretion. All extensions shall be by written order and no oral extension shall be recognized.

Failure to request an extension of time to file a brief prior to the date the brief is due may result in the non-consideration of the motion and/or the dismissal of the appeal.

(c) No extension of time shall be granted for filing interlocutory or discretionary applications or filing responses thereto other than permitted under Rule 31(g).

No extension of time shall be granted to file an interlocutory application or a response thereto. An extension of time may be granted pursuant to Rule 31(g) to file a discretionary application, but no extension of time may be granted for filing a response to such application.