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Rules



These rules are not intended to reiterate all applicable laws. The word "counsel" throughout these rules also applies to pro se parties.

These rules are effective on January 1, 2017.


III. DOCKETS AND CALENDARS

Rule 11. Appeals, How Entered.

(a) Docketing.
No appeal shall be docketed until the notice of appeal, a record, and transcripts, if requested, are filed in the Clerk’s office. Each notice of appeal will be docketed as a separate case.

(b) Transfer of Cases.
When an appeal or application filed in this Court is within the jurisdiction of another court, it shall be transferred by order to that court.

(c) Transferred Cases.
Appeals or applications transferred to this Court from another court shall be docketed as soon as practicable.

(d) Premature Docketing.
Any case docketed before the entire record is delivered to the Court may be remanded to the trial court until such time as the entire record is prepared and delivered to the Court.

Rule 12. Terms of Court.

The court has three terms of court per year. Cases are docketed to a term as required by the Constitution of the State of Georgia and as otherwise required by law. The docket will specify the specific term to which a case is docketed. Cases docketed to a specific term must be decided before the expiration of the following term.

The Court’s terms (including any motion for reconsideration period) are as follows:

(1) the December term begins the first Monday in December and ends on March 31 the following year;

(2) the April term begins the first Monday in April and ends July 17;

(3) the August term begins the first Monday in August and ends November 18.

Rule 13. Notice of Docketing.


Upon the docketing of every appeal and application for appeal, the Clerk shall deliver via email or the United States Postal Service notice of the docketing date and schedule for briefing to all counsel. The notice of docketing a direct appeal shall include a statement that failure to file the enumeration of errors and appellant’s brief within the time required may result in the dismissal of the appeal and/or appropriate sanctions. The notice shall also state that failure to timely file responsive briefs may result in their non-consideration and/or appropriate sanctions. Failure of counsel to receive the docketing notice shall not relieve counsel of the responsibility to file briefs timely. See Rule 23, Briefs.

Rule 14. Calendar; Conflicts.

(a) Calendars to be Mailed.

The Clerk shall mail (via email or United States Postal Service, depending upon the status of the filer) the calendar to counsel in each appeal to be orally argued at least 14 days before the date set for oral argument at the addresses shown on the notice of appeal, unless the Court is otherwise advised of a change of address, under Rule 9 (e), Attorneys.

(b) Non-Receipt of Calendar.

Counsel not receiving a calendar at least 10 days before the tentative oral argument dates should check the Court’s website. If there is any confusion, counsel should contact the Clerk’s office to inquire about oral argument dates.

(c) Conflicts - State and Federal Court.

(1) Counsel shall not be deemed to have a conflict unless he or she:

(i) is lead counsel in two or more of the actions affected; and

(ii) certifies that the matters cannot be adequately handled by other counsel.

(2) When there is an apparent conflict:

(i) Appellate arguments prevail over trials, hearings and conferences.

(ii) The action first filed takes precedence.

(iii) Felony actions prevail over civil actions.

(iv) Misdemeanors stand on equal footing with civil actions.

(v) The courts are assigned the following priorities:

Supreme Court of the United States.
Supreme Court of Georgia.
United States Courts of Appeal and State Courts of Appeal.
United States District Courts and Superior Courts of Georgia.
State Courts of Georgia.
Probate, Juvenile, and Magistrate Courts of Georgia.

(3) The Clerk shall resolve conflicts so as to accommodate all parties insofar as possible.

(4) Using the above criteria, the only time a conflict exists is when the actions are in courts of equal priority, are of the same type, and were filed on the same day. When such a conflict exists, counsel shall give prompt written notice of the conflict to opposing counsel and to the clerk of each court.

(5) When it is evident that counsel’s presence is required in more than one court on the same day and no conflict actually exists under the above criteria, counsel shall nevertheless inform all courts concerned, giving the style of the case and the date of filing.

Rule 15. Reserved.