September 11, 1998

Mr. Leslie N. Shade, Jr.

Attorney-at-Law

4802 West Gandy Boulevard

Post Office Box 20293

Tampa, Florida 33622-0293

Dear Mr. Shade:

Thank you for your letter of September 3, 1998 to Presiding Judge Marion T. Pope, Jr. of this Court regarding the time limits on the briefing schedules in our rules. Presiding Judge Pope asked that I respond to your comments.

Everything you say about the time frames and the vagaries of the United States Postal Service is true. I suppose the Court's rather abbreviated briefing schedule is a product of the constitutional requirement in Georgia that the Supreme Court and Court of Appeals dispose of every case at the term for which its entered on the Court's docket for hearing or the next term. As far as anyone knows the Court of Appeals has never failed to meet its two term obligation. However, it does keep our feet to the fire. As far as I can remember, the rule on the time frames for filing briefs has always been 20 days from date of docketing for the appellant and 40 days for appellee or 20 days after appellant's brief is filed, which ever is later. I know that has certainly been the case since the 1970's. I suppose since the 70's timely mail delivery has declined.

To offset the time frames, the Court is very liberal in granting extensions of time to file appellant's or appellee's briefs. The Court will generally grant at least one extension if the motion is filed before the brief is due and the request is for no more than 20 days.

As you mentioned, the Court does permit filing by certified mail. However, certified mail seems to travel more slowly than does first class mail. Certified mail can be used for any filing in the Court except for motions for reconsideration. The Court's rules require motions for reconsideration to be physically in the Court within ten days of the date of the order or judgment for which reconsideration is sought.

Leslie N. Shade, Jr. Letter

September 11, 1998

Page Two

This rule can create a definite hardship for attorneys practicing in extreme South or North Georgia. Mail in South Georgia goes through Jacksonville, Florida before it comes to Atlanta and mail in North Georgia goes through Chattanooga, Tennessee before it comes to Atlanta.

The Court requires Motions for Reconsideration to be in the Court within ten days because of the Court's two term rule. If a case were decided in the last working day of the second term and a motion for reconsideration were filed on the tenth day and mailed by certified mail, the motion for reconsideration would not reach the Court until after the term had ended, thus, divesting the court of jurisdiction to hear the motion.

You also stated your case was stamped "Not to be Reported." The Court's general policy is not to report cases unless the case would (1) establish a new rule of law, (2) alter or modify an existing rule of law, (3) apply an established rule of law to a novel fact situation, (4) create or resolve a conflict of authority between divisions within the Court or (5)reverse the decision below. Generally, seven judge or ten judge opinions are reported. Also, any judge who writes on a case may designate the case for publication, and if the authoring judge does not designate the case for publication, the other two judges on the panel may designate the case for publication.

Your comment about technology resolving this problem is most likely correct. I would, however, say that most of the comments the Court receives regarding publication is that we publish too many opinions and the attorneys and trial courts have difficulty in keeping up with all the opinions in the advance sheets. Particularly, the attorneys in the private sector complain about the cost of the advance sheets and the reports.

The Court has new rules which will govern cases docketed on or after September 17, 1998. I have taken the liberty of enclosing a copy of our rules. Also, I will keep your comments on file in our on-going rules file.

I want to thank you for taking the time to share with us your comments regarding the Court's Rules. The Court is always happy to hear from the lawyers and judges out in the field.

Presiding Judge Pope wonders if you are the Leslie Shade who is a retired Army officer and was at the University of Georgia Law School a year or two ahead him. At any rate, he, the Court and I do thank you for your comments.

Leslie N. Shade, Jr. Letter

September 11, 1998

Page Three

If you have any questions or if you would like to discuss any of these matters with me, please do not hesitate to call.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure

cc:	Presiding Judge Marion T. Pope, Jr.