Memorandum

To:	Chief Judge Gary B. Andrews
From:	William L. Martin, III
Subject:	Rules Revisions
Date:	November 25, 1997

Attached please find the Final Rules Revisions or the disagreed upon options for the revisions to the Court's rules. I have consulted with the judges who had questions or concerns regarding the rules as were discussed at the last Banc Meeting. The Court needs to make a final determination on a couple of varying viewpoints and give final authorization to the decision of the subcommittees working on these rules.

The rules that were reserved for further discussion were Rule 1(e) regarding facsimile filing; Rule 4 regarding the certified mailing rule; Rule 9(c) regarding appearance by courtesy; Rule 17 regarding records and transcripts and Rule 21 regarding physical evidence.

Presiding Judges Birdsong and Pope and Judges Beasley , Blackburn and Smith approved, or didn't voice any opposition to, the new Rule 4. Option 1 was adopted, which is the existing rule with the added language: "An office or private postage meter date is not sufficient".

There was no unanimity on Rule 1(e) which is an addition to the rules. Rule 1(e) would state "The Court does not accept facsimile filings". Judge Beasley felt like that section should remain in the rules. Presiding Judge Pope agreed with my assessment that it could come out. I have no strong feelings about it, nor do I believe that Presiding Judge Pope or any of the other judges have strong feelings on (e). I believe all the judges are in agreement that, at this time, adopting a facsimile filing rule for the Court of Appeals of Georgia is not a good idea.

Rule 9(c) was approved or not objected to by Presiding Judge Pope and Judge Blackburn. Rule 9(c) would provide that a resident attorney who is not a member of the State Bar of Georgia, may petition this Court for courtesy appearance, by showing that the attorney is certified in good standing in the Bar of the highest Court of another state.

Rule 17 shall remain the same as it currently is in the Rule book, which complies with the Statute ( O.C.G.A. §5-6-43).

Finally, there is some disagreement on Rule 21. Judge Beasley has suggested that the rule be amended to require that the clerk of the trial court send to this Court physical evidence such as photographs, audio tapes, video tapes and documents. I am opposed to that because I believe that the current rule which permits the Court to direct that physical evidence be sent, if needed, is sufficient. I have attached a copy of a proposed Rule 21 which I have drafted for Judge Beasley . Obviously, the Clerk's Office will follow whatever course the Court decides in this matter.

Attachments