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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.


XIII. RECONSIDERATION

Rule 37. Motions for Reconsideration.

(a) Physical Preparation.

Motions for reconsideration shall be prepared in accordance with Rule 24.

(b) Time of Filing.

Motions for reconsideration shall be filed within 10 days from the rendition of the judgment or dismissal. Motions for reconsideration must be physically received in the Court for filing within 10 days of the order or judgment for which reconsideration is sought. See Rule 4(b). 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 rendition of the decision and judgment, 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. 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 will be granted on motion of the requesting party, 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.

If, upon the consideration of a motion for reconsideration, the Court decides its judgment as rendered is correct but that some revision of the opinion is appropriate, it may revise the opinion accordingly, without granting 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 the motion for reconsideration on a three judge case, the motion shall be voted on by seven judges, or should the Court deem it appropriate, 12 judges.

(h) No Oral Argument.

Oral argument is not permitted on a motion for reconsideration.