New Procedure for discretionary applications in domestic relations cases

Limiting Order
Extension of Pilot Project - 2009

Under this pilot project, divorce and alimony cases will be automatically granted unless the application is found to be frivolous by a majority vote of the Court. The pilot project will commence with all divorce and alimony discretionary applications filed on or after January 6, 2003, until further order of the Court. Limiting order issued March 7, 2003.

Discretionary applications in divorce and alimony filed by an attorney must now be accompanied by a certificate, as follows:

"I, the undersigned attorney of record in the above-styled case, am a member of the State Bar of Georgia in good standing, and, as such attorney, do make this certificate of good faith as required by order of the Supreme Court of Georgia. I hereby certify that I am familiar with the trial court record in the above-styled case, and based thereon and my understanding of the applicable law, I have a good faith belief that this application has merit, and that it is not filed for the purpose of delay, harassment or embarrassment. I further certify that I have been authorized by my client, the applicant, to file this application. This the _______ day of ____________________, 20__."

If the application is nevertheless found to be frivolous, it will de denied and a sanction of up to $2,500 may be imposed upon the attorney filing the discretionary.

If the discretionary is not frivolous, however, the Court will grant the application and direct that a notice of appeal be filed in ten days. Thereafter the appeal will proceed as any other appeal except that timely requested oral argument will be limited to ten minutes to the side.