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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.

These rules are effective on January 1, 2017.


XIII. RECONSIDERATION

Rule 37. Motions for Reconsideration.

(a) Physical Preparation.

Motions for reconsideration shall be prepared in accordance with Rule 24, Preparation of Briefs.

(b) Time of Filing.

Subject to Rule 3, Due Date, and Rule 4 (e), Filing Date for Motions for Reconsideration, or as otherwise ordered by the Court, motions for reconsideration must be filed within 10 days from the rendition of the judgment or dismissal. To be timely, motions for reconsideration must be received via efiling or paper copy by 4:30 p.m. Motions for reconsideration received via efiling or by paper copy after close of business (4:30 p.m.) will be deemed received on the next business day. No extension of time shall be granted except for providential cause on written motion made before the expiration of 10 days. No response to a motion for reconsideration is required, but any party wishing to respond must do so expeditiously.

(c) Time May Be Limited.

The Court may by special order in any case direct that the remittitur be transmitted to the clerk of the trial court immediately after the decision and judgment are rendered, or at any other time, without awaiting the expiration of 10 days, and may by special order limit the time within which a motion for reconsideration may be filed to any period less than 10 days.

(d) Second Motion.

No party shall file a second motion for reconsideration unless permitted by order of the Court. If not permitted by the Court, the Clerk will return the filing. The filing of a motion for permission to file a second motion for reconsideration does not toll the 10 days for filing a notice of intent to apply for certiorari with the Supreme Court of Georgia.

(e) Basis for Granting.

A reconsideration shall be granted on motion only when it appears that the Court overlooked a material fact in the record, a statute, or a decision which is controlling as authority and which would require a different judgment from that rendered, or has erroneously construed or misapplied a provision of law or a controlling authority.

(f) Opinion May Be Revised without Grant of Motion.

Upon the consideration of a motion for reconsideration, the Court may determine that its judgment is correct but that revision is appropriate, and may therefore revise the opinion without granting the motion for reconsideration.

(g) Voting on Motions, Effect.

A motion for reconsideration shall be voted on by the judges who voted on the original opinion. If there is a dissent on whether to grant or deny the motion for reconsideration in a 3-judge case, the motion shall be voted on by 9 judges, or, should the Court deem it appropriate, by 15 judges.

(h) No Oral Argument.

Oral argument is not permitted on a motion for reconsideration.