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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 October 21, 2014.


III. DOCKETS; CALENDARS

Rule 11. Appeals, How Entered.

(a) Docketing.

No appeal shall be docketed until the notice of appeal and a record, and transcript, if requested, are filed in the Clerk's office. Each notice of appeal will be docketed as a separate case.

(b) Transfer of Cases.

Whenever an appeal or application filed in this Court is within the jurisdiction of the Supreme Court, such appeal or application shall be transferred by order to that court.

(c) Transferred Cases.

Appeals or applications transferred to this Court from the Supreme Court shall be docketed as of the date they are received in this Court.

(d) Premature Docketing.

Any case docketed prior to the entire record coming to the Court, as requested by the parties, may be remanded to the trial court until such time as the record is so prepared and delivered to the Court.

Rule 12. Closing of the Dockets.

The dockets for the January, April, and September terms shall close at midnight on the 15th day of December, April and August, respectively. By order, a closed docket may be opened when expedient for the docketing of a case or cases so that a judgment may be rendered by the Court at the earliest practicable date.

Rule amended October 21, 2014.

Rule 13. Notice of Docketing.

Upon the docketing of every appeal and application for appeal, the Clerk shall mail notice of the docketing date and schedule for briefing to all counsel. The notice of docketing of 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. The notice shall also state that: Failure to timely file responsive briefs may result in their non-consideration or subject counsel to contempt. Failure of counsel to receive the docketing notice shall not relieve counsel of the responsibility to file briefs timely. See Rule 23.

Rule 14. Calendar; Conflicts.

(a) Calendars to be Mailed.

The Clerk shall mail the calendar to counsel in each appeal to be orally argued at least 14 days prior to the date set for oral argument at the addresses shown on the notice of appeal unless the Court is otherwise advised under Rule 9(e).

(b) Non-Receipt of Calendar.

Counsel not receiving a calendar at least 10 days prior to the tentative oral argument dates 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 such counsel:

    1. Is lead counsel in two or more of the actions affected; and

    2. Certifies that the matters cannot be adequately handled by other counsel.

  2. When there is an apparent conflict:

    1. Appellate arguments prevail over trials, hearings and conferences.

    2. The action first filed takes precedence.

    3. Felony actions prevail over civil actions.

    4. Misdemeanors stand on equal footing with civil actions.

    5. The courts are assigned the following priorities:

      1. United States Supreme Court.

      2. Supreme Court of the State of Georgia.

      3. Federal Courts of Appeal and State Courts of Appeal.

      4. United States District Courts and Superior Courts.

      5. Federal Magistrate Courts and State Courts.

      6. Probate, Juvenile and Magistrate Courts.

  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 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. No Prosecution, Frivolous Appeals and Penalties.

(a) On the call of the case for argument, if the appellant does not appear, and has not filed a brief, the Court may dismiss the appeal for want of prosecution.

(b) The panel of the Court ruling on a case, with or without motion, may by majority vote impose a penalty not to exceed $2,500.00 against any party and/or party's counsel in any civil case in which there is a direct appeal, application for discretionary appeal, application for interlocutory appeal, or motion which is determined to be frivolous.

(c) The imposition of such penalty shall constitute a money judgment in favor of appellee against appellant or appellant's counsel or in favor of appellant against appellee or appellee's counsel, as the Court directs. Upon filing of the remittitur in the trial court, the penalty may be collected as are other money judgments.