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Rules



These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.

This publication contains the rules and all amendments thereto made through September 4, 2014.


II. ATTORNEYS

Rule 9. Attorneys.

(a) Application and Oath.

Any member of the State Bar of Georgia may be admitted to practice in this Court upon written application, and the certificate of at least two attorneys of this Court, that such member is of good private and professional character. The oath may be administered by the Clerk, Deputy Clerk or Deputy Administrator. It may be taken in open court or before a judge in chambers or in the Clerk’s office. (Georgia attorneys requiring immediate admission to the Court may contact the Clerk's office to obtain special admission without their personal appearance for swearing in. The fee is $200.00 in addition to the regular admission fee, payable to the Clerk of the Court of Appeals. The attorney must submit the written application with the certificate of at least two attorneys of this Court that such attorney is of good private and professional character. The form may be submitted in a .pdf format to the Clerk's office. The Clerk will arrange to telephonically administer the oath. Thereafter, the attorney will provisionally be admitted pending receipt of the fee.) The oath is as follows:

"I do solemnly swear (or affirm) that I will conduct myself as an attorney or counselor of this Court truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. So help me God."

After the oath has been administered, the applicant shall sign the roll of attorneys admitted to practice in the Court.

(b) Fee.

The fee for admission is $30.00, payable to the Clerk of the Court of Appeals of Georgia, who shall issue a license under the seal of the Court as evidence of applicant's authority to practice.

(c) Appearance Pro Hac Vice.

An attorney desiring to appear pro hac vice in a single case shall file an Application for Admission Pro Hac Vice before making an appearance in the case.

  1. The application, which shall be served on all parties, shall contain the following information:
    1. a current certificate of good standing from the highest court of the out-of-state lawyer's jurisdiction;

    2. the applicant's business address, email address, and telephone number; and

    3. the name of the party or parties sought to be represented.

  2. The application may be made by the attorney requesting pro hac vice appearance or a member of the Bar of this Court on behalf of the attorney requesting pro hac vice appearance.

  3. Each time an Application for Admission Pro Hac Vice is submitted under this rule, the applicant shall send a check for $200.00 payable to "IOLTA/Georgia Bar Foundation." The check must be mailed directly to "The Georgia Bar Foundation, 104 Marietta Street, Suite 610, Atlanta, GA 30303." The applicant must include a certification with their application stating, "I have submitted a check for $200.00 to the Georgia Bar Foundation".

  4. Persons seeking to represent an indigent party may qualify for a waiver of the fee, if at the time of filing the application, counsel files a statement that counsel is representing the client pro bono because of indigency.

  5. The Court will provide electronic filing access to attorneys granted pro hac vice admission.

(d) Withdrawal or Substitution of Counsel.

Any withdrawal or substitution of attorneys of record in the Court shall be communicated to the Court by written motion with a copy to substituted counsel, opposing counsel and the withdrawing or substituting attorney's client. A Motion to Withdraw as Counsel shall contain the address of the withdrawing counsel’s client, or if the address is unknown, the motion shall contain a statement that the client’s address is unknown and shall contain the client’s last known address.

(e) Change of Address or Telephone Number.

If during the pendency of any appeal or application counsel for either party has a change of address or telephone number, counsel shall file a notification of change of address or telephone number with the Court, notifying the Court of counsel's correct address and telephone number, and the effective date of such change.

The notification of change of address or telephone number shall be filed as a separate document, an original and two copies, with service made to opposing counsel.

Upon receipt of the notification of change of address or telephone number, the Clerk will enter the change of address or telephone number on the Court's docket and all further notices generated from the Court will be to counsel's new address.

Failure of counsel to properly notify the Court of any change of address or telephone number, which may result in counsel not receiving notification of Court action, shall not be grounds to reinstate or reconsider any matter adverse to counsel or parties because of the failure of counsel to receive notification from the Court.

(f) The Court of Appeals does not recognize, nor grant, Leaves of Court or Leaves of Absence.

Rule amended September 4, 2014.

Rule 10. Personal Remarks. Opposing Counsel or Judge.

Personal remarks, whether oral or written, which are discourteous or disparaging to any judge, opposing counsel, or any court, are strictly forbidden.