RULES OF THE SUPREME COURT OF GEORGIA
I. GENERAL
Rule 1. OFFICE HOURS. Filings and communications relating to cases shall be directed to the Clerk's office during office hours. The Clerk's office shall be open Monday through Friday from 8:30 a.m. to 4:30 p.m. E.S.T./E.D.T. The address is Clerk, Supreme Court of Georgia, Room 572, 244 Washington Street, Atlanta, Georgia 30334. The telephone number is (404) 656-3470. The fax number is (404) 656-2253. See Rule 2. The Court's website is www.gasupreme.us.
Rule 2. FILING BY FACSIMILE. No filing, except requests for an extension of time, oral argument, extra time, or extra pages, will be accepted by facsimile without the prior permission of the Court. When such permission is granted, a filing received by facsimile will be filed as of the date of receipt of the facsimile, but only after the original has been received by mail. An original need not be provided for the 4 requests listed above. Service upon the opposing party must be shown on the facsimile. See Rule 14.
The Clerk's office will not transmit documents by facsimile, except when ordered by the Court.
Rule 3. TERMS OF COURT. The Supreme Court has three terms each year as follows:
(1) January term beginning the first Monday in January;
(2) April term beginning the third Monday in April; and
(3) September term beginning the first Monday in September.
Rule 4. ATTORNEYS. An attorney must be in good standing and admitted in the Supreme Court in order to make an appearance. A visiting attorney from a foreign jurisdiction may participate in a particular case with permission of the Court. The visiting attorney's motion seeking such permission shall include a current certificate of good standing from the highest court of the foreign jurisdiction.
(1) Law students authorized to practice under the third-year practice act, see Rules 91-96, or the law-school graduate rules, see Rules 97-103, may not make oral argument, but may co-author briefs, and shall indicate their status on the signature line.
(2) Any member of the State Bar of Georgia may be admitted to practice in this Court upon written application, and the certificate of at least two members of the Bar of this Court, attesting that the applicant is of good private and professional character. See Rule 55 (2) regarding proper attire. The oath which is required to be taken, in open Court or before a Justice, and which shall be subscribed in a book to be kept by the Clerk and known as the "Roll Book,"is as follows:
"I do solemnly swear (or affirm) that I will conduct myself as an attorney or counselor of this Court truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. So help me God."
(3) The fee for admission is $30.00, payable to the Clerk, Supreme Court of Georgia, who will issue a license under the seal of the Court.
(4) A certificate of good standing will be issued to members of the Supreme Court bar upon written request if accompanied by a check for $3.00, payable to the Clerk, Supreme Court of Georgia. Orders may be placed by credit card through the Court's website. See Rule 1.
(5) Any withdrawal, discharge or substitution of attorneys of record in the Court shall be communicated to the Court in writing and shall include the name and number of the case in this Court and the name and address of counsel's client. Telephonic or other immediate notification to the Court, in addition to written notification, is required where the withdrawal, discharge or substitution occurs prior to oral argument in cases where oral argument has been requested.
Counsel shall provide a copy of the notification to the client, substituted counsel, and opposing counsel including the Attorney General where required by law.
(6) If during the pendency of any proceeding, counsel of record for either party change their address, they shall notify the Clerk by letter of this change and show service on opposing counsel. Upon receipt of the notification, the Clerk will amend the Courtâ??s docket accordingly, and all subsequent notices from the Court will be mailed to counselâ??s new address.
Failure of counsel to receive notice of Court action shall not be grounds to reinstate or reconsider any matter adverse to counsel or parties if counsel failed to properly notify the Court of any change of address or telephone number.
(7) The words "counsel" or "attorney" as used in these rules include pro se parties.
Rule 5. COSTS. Costs in all civil cases are $300.00, unless pauper's status has been granted in the trial court and the record so reflects. Costs in all criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court are $80.00, unless pauper’s status has been granted in the trial court and the record so reflects. Costs shall be paid upon filing, except in direct appeals when the costs, which accrue on docketing, shall be paid upon filing of the original brief. Costs need not be paid again where a discretionary or interlocutory application, an application for interim review, a certificate of probable cause, or a petition for certiorari has been granted. Costs are not required for certified questions or in disciplinary cases.
Attorneys are liable for costs. Failure to pay costs subjects the offender to sanctions. See Rule 7.
Rule 6. FRIVOLOUS APPEAL. The Court may, with or without a motion, impose a penalty not to exceed $2,500 against any party and/or party's counsel in any civil case in which there is a direct appeal, application for discretionary appeal, application for interlocutory appeal, petition for certiorari, or motion which the Court determines to be frivolous. The party or party's counsel may respond to such a motion within 10 days or, if no motion was filed, file a motion for reconsideration within 10 days of receipt of the order. The imposition of such penalty shall constitute a money judgment in favor of appellee against appellant or appellants counsel or in favor of appellant against appellee or appellee's counsel, as the Court directs. Upon filing of the remittitur in the trial court, the penalty may be collected as are other money judgments.
Rule 7. SANCTIONS. Breach of any of these rules may subject the offender to contempt and revocation of the license to practice in the Supreme Court.
II. FILINGS
Rule 8. NOTICE OF DOCKETING. The Clerk shall notify all attorneys and all pro se parties of the docketing dates of all appeals, petitions for certiorari, and applications for appeal.
Rule 9. SUPERSEDEAS. The Court may issue supersedeas or other orders whenever deemed necessary. Service of motions for supersedeas shall be made on the opposing party or attorney before filing and so certified. A copy of the order being appealed and a copy of the Notice of Appeal must be included with the motion.
Rule 10. BRIEFS: TIME OF FILING. Appellant's and cross-appellant's briefs shall be filed within 20 days after the case is docketed (see also Rules 50 and 51, regarding requests for oral argument). Appellee's and cross appellee's briefs shall be filed within 40 days after the case is docketed or 20 days after the filing of appellant's or cross appellant's briefs, whichever is later. Appeal and cross appeal may be argued in one brief, but this shall not extend the time for filing.
Failure to comply with an order of the Court directing the filing of a brief may cause the appeal to be dismissed and may subject the offender to sanctions. See Rule 7.
Rule 11. DUE DATE. To determine the due date for filing, start counting with the day after docketing, including weekends and holidays. When an expiration date falls on a Saturday, Sunday, or an official state or federal holiday, the time for filing is extended to the next business day.
Rule 12. EXTENSION OF TIME. Extensions of time for filing petitions for certiorari, applications, and motions for reconsideration will be granted only in unusual circumstances and only if the request is filed before the time for filing the pleading has expired.
Requests for extension of time for filing briefs should be directed by letter to the Clerk sufficiently in advance of the due date so that if the request is denied the briefs can still be filed within the time fixed by these rules.
Requests not showing service on the opposing party will not be honored.
A copy of the letter or order granting the extension must be included as an exhibit to the document for which the extension was granted.
Rule 13. FILING BY MAIL. Except as provided hereafter, the contents of properly addressed mail shall be deemed filed as of the date such mail is received in the Clerk's office. The contents of properly addressed, registered or certified mail shall be deemed filed on the official United States Postal Service postmark date. If there is no clear official or cancellation date stamped, the filing date shall be the date the filing is received. Alternatively, a document will be deemed filed as of the date on which it is delivered to the United States Postal Service or a commercial delivery company for overnight delivery as evidenced by the receipt provided by the Post Office or commercial delivery company.
Rule 14. SERVICE. Prior to filing, including filing by facsimile, service on opposing attorneys or pro se parties, stating their names and addresses, shall be certified. Briefs, petitions for certiorari, applications for appeal, and all motions and requests not so certified will not be accepted for filing.
In appeals involving death penalties, murder, aircraft hijacking, and treason, copies of the notice of appeal, briefs, motions, and all other filings must be served on the Attorney General, the District Attorney, and the attorney for the accused.
Rule 15. NUMBER OF COPIES. An original and seven copies shall be filed of briefs, petitions for certiorari, applications for appeal, motions, and responses.
Rule 16. TYPE. All filings shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes. Margins shall be no less than one inch at the top, bottom and sides. The type size shall not be smaller than 12-point courier font or 14-point Times New Roman.
Rule 17. DOCUMENTS: FORMAT. Except for requests which should be made by letter to the Clerk, see Rules 12, 20 and 51, petitions, applications and motions shall be on letter size (8 1/2" x 11") paper with a back cover of recyclable paper that is heavier than regular stationery and shall be STAPLED at the top.
Responses should be filed as briefs, see Rule 18.
Rule 18. BRIEFS: FORMAT. All briefs and responses shall be typed or printed on letter size (8 1/2"x 11") paper with covers on the front and back, STAPLED on the left-hand side in booklet form. Covers shall be of recyclable paper, heavier than regular stationery, and shall bear the style of the case, the case number, and the name or names of the persons preparing the brief, along with their bar numbers, if attorneys.
Rule 19. BRIEFS: ENUMERATION OF ERRORS. The enumeration of errors (which shall contain a statement of jurisdiction as to why the Supreme Court, and not the Court of Appeals, has jurisdiction) shall be stated as a separate part of, and shall be incorporated in, the brief.(1)
[Footnote]
(1) The Court prescribes no particular arrangement for briefs, motions, applications for appeal, petitions for certiorari, or other papers. However, Rules specifying certain paper, size, and spacing must be complied with and page references to the record (R-) and transcript (T-) are essential. The volume of cases necessarily requires that all matters be presented succinctly. Inclusion of extraneous facts and frivolous issues tends to obscure critical issues.
Generally, a presentation by the moving party in the following order, where applicable, is the most efficient: Type of case showing Supreme Court jurisdiction, the judgment appealed, and date of entry; a brief statement of the facts showing the general nature of the case; the enumeration of errors; the argument in sequence with the enumeration of errors, including additional facts where essential, and citation of authorities; and the certification of service. Replies in the same order as presented by appellant are desirable.
Rule 20. BRIEFS: PAGE LIMITATION. Briefs, petitions for certiorari, applications for appeal, motions, and responses shall be limited to 30 pages in civil cases, except upon written request directed by letter to the Clerk and authorized by the Court prior to the due date of the filing.
Rule 21. BRIEFS: PAGE NUMBERING. The pages of each brief shall be sequentially numbered with arabic numbers.
Rule 22. BRIEFS: ARGUMENT AND AUTHORITY. Any enumerated error not supported by argument or citation of authority in the brief shall be deemed abandoned. All citations of authority must be full and complete. Georgia citations must include the volume and page number of the official Georgia reporters (Harrison, Darby or Lexis). Cases not yet reported shall be cited by the Supreme Court or Court of Appeals case number and date of decision. The enumeration of errors shall be deemed to include and present for review all judgments necessary for a determination of the errors specified.
Rule 23. AMICUS BRIEFS. Amicus curiae briefs may be filed without prior permission and shall disclose the identity and interest of the persons on whose behalf the briefs are filed. Amici do not have standing to file motions for reconsideration, but may submit briefs in support of a motion made by a party.
Rule 24. SUPPLEMENTAL BRIEFS. Supplemental briefs may be filed at any time before decision. Any such briefs which serve only to circumvent the limitation on pages for civil cases set out in Rule 20 will not be considered.
Rule 25. SUPPLEMENTAL RECORD. In the event a record is supplemented pursuant to OCGA § 5-6-41(f) or § 5-6-48(d), any party wishing to present an issue in this Court relating to the trial court proceeding wherein the record was supplemented must first raise the issue before the trial court and then file additional enumerations of error and a brief within 10 days after docketing of the supplemental record in this Court or after the trial court rules on the issue raised, whichever date is later.
Opposing parties may file a supplemental brief within 20 days after docketing or after the trial court rules on the issue raised, whichever date is later.
Rule 26. MOTIONS. Any motions may be filed while a matter is pending in the Court. Motions should comply with Rules 15, 16, and 17. Responses to motions may be filed at any time. See Rule 18.
Rule 27. MOTIONS FOR RECONSIDERATION. A motion for reconsideration may be filed regarding any matter in which the Court has ruled within 10 days from the date of decision. A copy of the opinion or disposition to be reconsidered shall be attached. See Rule 61, regarding motions to stay the remittitur.
No second or subsequent motion for reconsideration by the same party after a first motion has been denied shall be filed except by permission of the Court. The Clerk may receive any later motion and deliver it to the Court for direction as to whether it shall be filed.
Rule 28. SUGGESTION OF DEATH. The death of a party to a pending appeal may be suggested at any time. The Court may then take appropriate action to substitute the legal representative of the deceased party.
Rule 29. PERSONAL REMARKS. Personal remarks which are discourteous or disparaging to opposing counsel or to any judge are strictly forbidden, whether oral or written.
III. INTERLOCUTORY APPEALS
Rule 30. REQUIREMENTS. Applications for interlocutory appeal shall contain a jurisdictional statement and have attached a copy of the trial court's order to be appealed and a stamped copy of the certificate of immediate review showing the date of filing. A certified transcript is not necessary, but affidavits, exhibits and relevant portions of the transcript, should be attached to the application to demonstrate to the Court what the record will show if the application is granted. See Rule 17.
Responses, due within 10 days of docketing, are encouraged and should be filed as briefs. See Rule 18.
Rule 31. STANDARD FOR GRANTING. An application for leave to appeal an interlocutory order will be granted only when:
(1) The issue to be decided appears to be dispositive of the case;
(2) The order appears erroneous and will probably cause a substantial error at trial; or
(3) The establishment of a precedent is desirable.
Rule 32. TRANSFERS. Applications to appeal interlocutory orders of which the Court of Appeals has jurisdiction will be transferred to that Court.
IV. DISCRETIONARY APPEALS
Rule 33. REQUIREMENTS. Applications for discretionary appeal shall contain a jurisdictional statement and have attached a stamped copy of the trial court's order to be appealed, showing the date of filing. A transcript is not necessary, but affidavits, exhibits and relevant portions of the transcript should be attached to the application to demonstrate to the Court what the record will show if the application is granted. See Rule 17.
Responses, due within 10 days of docketing, are encouraged and should be filed as briefs. See Rule 18.
Rule 34. STANDARD FOR GRANTING. An application for leave to appeal a final judgment in cases subject to appeal under OCGA § 5-6-35 shall be granted when:
(1) Reversible error appears to exist;
(2) The establishment of a precedent is desirable; or
(3) Further development of the common law, particularly in divorce cases, is desirable.
Rule 35. TRANSFERS. Discretionary applications to appeal, of which the Court of Appeals has jurisdiction, will be transferred to that Court.
V. POST-CONVICTION HABEAS CORPUS APPEALS
Rule 36. STANDARD FOR GRANTING. A certificate of probable cause to appeal a final judgment in a habeas corpus case involving a criminal conviction will be issued where there is arguable merit, provided there has been compliance with Fulwood v. Sivley, 271 Ga. 248 (517 SE2d 511) (1999); Hicks v. Scott, Warden, 273 Ga. 358 (541 SE2d 27) (2001).
VI. INTERIM APPELLATE REVIEW
Rule 37. ISSUES FOR REVIEW. The questionnaire required by OCGA § 17-10-35.1 may be found in the Unified Appeal, Section II, F.
(1) Once any reports and applications have been filed in the trial court, the trial court shall determine whether justice will be served by allowing the application(s) to appeal, as required by OCGA § 17-10-35.2, and, if so, shall certify the questions which might appropriately be addressed by this Court. The trial court clerk shall transmit the entire record to this Court, as set out in OCGA § 17-10-35.1(c).
(2) Opposing parties may file in this Court, but not in the trial court, a response to the order of the trial court certifying the questions appropriate for review within 7 days of the docketing here of the interim review.
(3) This Court will issue an order upon the entire record either denying interim review or granting review and setting out the issues to be briefed by the parties. Thereafter, the case will proceed as any other appeal.
(4) Upon completion, the record will be returned to the trial court.
VII. CERTIORARI TO COURT OF APPEALS
Rule 38. REQUIREMENTS. Compliance with the requirements of this rule governing petitions for certiorari is mandatory.
(1) Notice of intention to apply for certiorari shall be given to the Clerk of the Court of Appeals within 10 days after the date of entry of judgment or the date of the disposition of the motion for reconsideration, if one is filed. A copy of the notice of intent is not to be filed in the Supreme Court.
(2) The petition for certiorari shall be filed with the Clerk of the Supreme Court within 20 days after the date of entry of judgment or the date of the disposition of the motion for reconsideration, if one is filed, along with payment of costs when required by Rule 5.
Rule 39. COURT OF APPEALS' OPINION. A copy of the Court of Appeals' opinion or order shall be attached to each copy of the petition.
Rule 40. STANDARD FOR GRANTING. A review on certiorari is not a right. In all appeals from criminal convictions, a litigant shall not be required to petition for rehearing and certiorari following an adverse decision of the Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. When the claim has been presented to the Court of Appeals, and relief has been denied, the litigant shall be deemed to have exhausted all available state remedies. A petition for the writ will be granted only in cases of great concern, gravity, or importance to the public.
Certiorari generally will not be granted to review the sufficiency of evidence.
Rule 41. FORMAT. See Rule 17. Any brief of facts and law prepared in connection with a petition for certiorari should be included as part of the petition and not filed as a separate document.
Rule 42. RESPONSES. Responses to petitions for certiorari, filed within 20 days of the filing of the petition, are encouraged. See Rule 18. Failure to file a response shall be deemed to be an acknowledgment by respondent that the requirements of the rules for the granting of the petition for certiorari have been met, provided, however, that such acknowledgment shall not be binding on the Court.
Rule 43. RECORD. Upon receiving a copy of the notice of docketing of the petition for certiorari from the Clerk of this Court, the Clerk of the Court of Appeals shall transmit a certified copy of the Court of Appeals' opinion and judgment to the Supreme Court. Upon the request of the Supreme Court or upon the grant of certiorari, the Clerk of the Court of Appeals shall prepare the record of the case for use by the Supreme Court. Upon disposition, the record shall be returned to the Court of Appeals.
Rule 44. APPEAL BOND. In criminal cases, the filing of a petition for certiorari does not automatically extend the applicant's appeal bond; application must be made to the Supreme Court for extension of the appeal bond.
Rule 45. GRANTED CERTIORARI. In the event a petition for certiorari is granted, appellant and appellee shall file briefs only in response to the question or questions posed by the Court in its order granting certiorari. The briefing schedule set forth in Rule 10 shall be followed, counting from the date of the order granting certiorari.
VIII. CERTIFIED QUESTIONS
Rule 46. ELIGIBLE COURTS. When it shall appear to the Supreme Court of the United States, or to any District Court or Circuit Court of Appeals of the United States, or to any state appellate court, that there are involved in any proceeding before it questions or propositions of the laws of this State which are determinative of said cause and there are no clear controlling precedents in the appellate court decisions of this State, such court may certify such questions or propositions of the laws of Georgia to this Court for instructions.
Rule 47. QUESTION PRESENTED. The Court certifying to this Court a question of law shall formulate the question and cause the question to be certified and transmitted to this Court, together with copies of such parts of the record and briefs in the case as the certifying Court deems relevant.
Rule 48. PROCEDURE. Such questions shall be docketed by the Clerk like other cases and the rules relating to oral arguments, briefs, motions, etc., in direct appeals shall apply.
IX. DISCIPLINARY, JQC, AND BAR ADMISSIONS
Rule 49. PROCEDURE. Filings should be in compliance with the Disciplinary, JQC, or Bar Admissions rules and with the Supreme Court Rules, especially Rules 8 - 29, as appropriate.
X. ORAL ARGUMENT
Rule 50. ORAL ARGUMENT. Oral argument will be scheduled by the Court as follows:
(1) Direct appeals from judgments imposing the death penalty will be placed on the calendar automatically and oral argument in such cases is mandatory;
(2) All granted writs of certiorari will be placed on the calendar automatically unless disposed of summarily by the Court and oral argument in such cases is mandatory; and
(3) Other cases will be placed on the calendar upon the request of either party within 20 days from the date the case is docketed in this Court. See Rule 51. No extensions for requesting oral argument will be granted. Oral argument by counsel in appeals other than where the death penalty is imposed is never mandatory, and argument may be submitted by briefs only. Argument will not be permitted to parties or attorneys whose briefs have not been timely filed. The Court may deny or limit oral argument where appropriate.
Rule 51. REQUESTS. A request for oral argument shall be filed by letter directed to the Clerk, and shall certify that the opposing parties or their attorneys have been notified of the intention to argue the case orally and that inquiry has been made whether they intend also to argue orally. The request shall further certify that the opponents do or do not desire to argue orally, and shall show service of the letter upon such opponents.
A request for oral argument must be renewed upon transfer of an appeal to this Court from the Court of Appeals.
Rule 52. APPEARANCE. Attorneys appearing for oral argument should notify the Clerk of their presence upon arrival at the courtroom. Argument is waived unless attorneys are ready to argue in the sequence presented on the calendar.
Rule 53. ORDER OF ARGUMENT. Appellant opens the argument. Appellee (or cross-appellant) replies. Rebuttal is restricted to one attorney, representing appellant, who shall confine his or her arguments to matters covered in argument of opposing counsel.
Rule 54. TIME. Unless otherwise provided by the Court, oral argument is limited to 20 minutes for each side except in direct appeals of judgments imposing the death penalty, which are limited to 30 minutes for each side. Appeals, cross appeals, and companion cases shall be considered to be one case for purpose of oral argument. Parties must divide the allotted time by agreement among themselves. The yellow podium light indicates 5 minutes of argument time remain; the red podium light indicates that time has expired.
Rule 55. COURTROOM DECORUM.
(1) Talking, reading newspapers or other material, and audibly studying briefs and arranging papers are prohibited in the courtroom without the express permission of the Court. The lawyers' lounge has been provided for these purposes.
(2) All counsel appearing before the Court must be properly attired.
XI. OPINIONS AND JUDGMENTS
Rule 56. PARTICIPATION OF JUSTICES. Each judgment shall show on its face the vote, nonparticipation, or disqualification of each Justice.
Rule 57. DISQUALIFIED OR NOT PARTICIPATING. A disqualified or nonparticipating Justice shall be replaced by a senior appellate justice or judge, a judge of the Court of Appeals or a judge of a superior court whenever deemed necessary. A disqualified or nonparticipating Justice does not participate in any motion or decisions or the opinion on the merits and is not present when discussions regarding the case take place. Neither briefs and motions nor copies of bench briefs, draft opinions or other memoranda are circulated to the disqualified or nonparticipating Justice.
Rule 58. JUDGMENTS. When a Justice concurs, he or she agrees with the opinion and judgment of either the opinion or the order. When a Justice concurs specially or in the judgment only, he or she does not agree with all that is said in the opinion or the order. A dissenting Justice disagrees with the opinion and judgment.
Rule 59. AFFIRMANCE WITHOUT OPINION. An affirmance without opinion may be rendered in any civil case when the Court determines one or more of the following circumstances exist and is dispositive of the appeal:
(1) The evidence supports the judgment;
(2) No harmful error of law, properly raised and requiring reversalappears; or
(3) The judgment of the court below adequately explains the decision and an opinion would have no precedential value.
Rule 59 cases have no precedential value.
Rule 60. REMITTITUR. A remittitur shall be transmitted to the Court from which the case was received as follows:
(1) In death sentences as provided by Georgia Laws 1971, p. 212 (OCGA § 5-6-11); and
(2) In other cases as soon as practicable after the expiration of 10 days after the entry of the judgment or upon the denial of a motion for reconsideration, see Rule 27, unless otherwise ordered.
Rule 61. STAY OF REMITTITUR. Any party desiring to have the remittitur stayed in this Court in order to appeal to, or seek a writ of certiorari in, the United States Supreme Court shall file in this Court a motion to stay the remittitur with a concise statement of the issues to be raised on appeal or in the petition for certiorari. Such notice shall be filed at the time of filing a motion for reconsideration or, if no motion for reconsideration is filed, within the time allowed for the filing of the same. See Rule 27.
A stay of remittitur will not be granted by this Court from the denial of a petition for certiorari.
XII. THE PARENTAL NOTIFICATION ACT
Rules 62 through 66 are adopted to provide for the expedited consideration of appeals under the "Parental Notification Act" (OCGA § 15-11-110 et seq.) for a minor seeking an abortion.
Rule 62. CERTIORARI TO THE COURT OF APPEALS
(1) Any minor to whom a juvenile court has denied a waiver of notice under OCGA § 15-11-114 (c) and whose appeal to the Court of Appeals has been denied may obtain expedited treatment of a petition for certiorari by filing a petition in this Court.
(2) A notice of intention to apply for certiorari shall be filed with the Clerk of the Court of Appeals within twenty-four hours after the judgment of the Court of Appeals affirming the disposition of the juvenile court, and the petition shall be filed within 48 hours after the judgment.
(3) Within twenty-four hours after notice, the Clerk of the Court of Appeals shall prepare the record of the case and a certified copy of the Court of Appeals' opinion and judgment for use by the Supreme Court.
(4) Time shall be computed as set out in Rule 11.
(5) The requirements of Rules 38,40, 42, 43, 44, and 45 are not applicable. The requirement for payment of costs is waived.
(6) Upon receipt of the petition, any response, the record of the case, and a certified copy of the Court of Appeals''opinion, this Court shall take the petition under consideration and shall grant or deny the petition within 2 days of receipt of the record and certified opinion.
(7) If certiorari is granted, this Court will render a decision within 5 days following the grant of certiorari.
(8) If the decision of this Court or the denial of the petition for certiorari has the effect of affirming the judgment of the juvenile court, the minor may file a motion for reconsideration and the same will be governed by Rule 27, except that such a motion shall be filed within 5 days from the date of the decision of this Court and may be filed out of term. Any such motion will be decided by the Court within 5 days of the filing thereof.
Rule 63. DIRECT APPEAL.
(1) A minor seeking an expedited appeal to this Court shall file a notice of appeal and a certified copy of the order denying waiver of notice with the Clerk of this Court. In order to invoke the special procedures of this rule, the notice of appeal must be filed within 5 days of receipt by the minor of the juvenile court's order.
The name, address, and telephone number of the guardian ad litem and any counsel of record must be included with the notice of appeal.
(2) A copy of the notice of appeal must also be filed with the juvenile court.
(3) Upon receipt of the notice of appeal, this Court will issue an order to the juvenile court directing that the record be transmitted to and received by this Court within 5 days from the date of filing of the notice of appeal with this Court. The record of the juvenile court shall be certified by the clerk of the juvenile court and transmitted to this Court under seal.
(4) A brief may be filed within the time period for the filing of the record. No filing fee is required. A response may be filed within 2 days thereafter.
(5) This Court shall issue its decision within 5 days of receipt of the record.
(6) If the decision of this Court affirms the judgment of the juvenile court, the minor may file a motion for reconsideration and the same will be governed by Rule 27, except that such a motion shall be filed within 5 days from the date of the decision of this Court and may be filed out of term. Any such motion will be decided by the Court within five days of the filing thereof.
Rule 64. REMITTITUR. If the decision of this Court reverses the judgment of the Court of Appeals or the juvenile court, the remittitur will be forwarded to the Clerk of the Court of Appeals or the clerk of the juvenile court immediately after the rendition of the decision. If the decision of this Court or the denial of the petition for certiorari has the effect of affirming the judgment of the juvenile court, the remittitur shall be transmitted to the Clerk of the Court of Appeals or the clerk of the juvenile court as soon as practicable after the expiration of 5 days from the date of the judgment unless otherwise ordered or unless a motion for reconsideration has been filed.
Rule 65. EXPEDITING. Upon good cause shown, the Court will enter such orders as will further expedite the processing of these cases.
Rule 66. RECORD UNDER SEAL. All pleadings, briefs, orders, transcripts, exhibits, and any other written or recorded materials that are part of the record shall be considered and treated by the Court as confidential. Upon conclusion of the appellate proceedings, the record will be resealed, and the contents of the record shall not be disclosed, except upon order of this Court.
XIII. RECORDS AND TRANSCRIPTS
Rule 67. RECORDS AND TRANSCRIPTS. The clerk of the trial court shall certify and transmit to the Clerk of this Court the original transcript and copies of all records as required within the time prescribed by statute. In habeas corpus appeals after criminal convictions, the original record in its entirety shall be certified and transmitted. Transmittal shall be by the clerk or deputy personally or by United States mail or express mail, or by a commercial delivery company, charges prepaid. Transmittal by a party or attorney is prohibited.
Rule 68. FORMAT. Records and transcripts shall be written or printed on one side of white paper not less than letter size of good quality with ample spacing (at least double spaced) and margins so that they may be read easily. The margin at the top shall be of sufficient space so that the transcript may be read when folded over at the top. Metal fasteners which cover the top center are prohibited.
Rule 69. SEQUENCE. The record with pages numbered at the bottom and a manuscript cover shall be arranged as follows:
(1) Index (including page references and dates of filing);
(2) Notice of Appeal;
(3) Other items in chronological order; and
(4) Clerk's certificate.
Voluminous records may be bound in separate parts but each part shall be certified separately.
Rule 70. COURT REPORTER'S TRANSCRIPT. The transcript (original) shall be a separate document and not attached to the record. It should show the style of the case and an index, including page references, of witnesses and exhibits. Voluminous transcripts may be bound in separate parts. The court reporter and clerk shall certify each part. Court reporters should try to submit an electronic copy of the transcript, as set out by administrative order of this Court, directly to the Supreme Court or to the trial court for transmittal to the Supreme Court. The electronic copy will not be an official record of the Supreme Court of Georgia.
Rule 71. EVIDENCE. Where a party relies upon physical evidence on appeal that was proffered at trial, the party shall see that a description or a photograph of the physical evidence, together with an explanation of it, if helpful, is included within the transcript, in lieu of sending the original evidence.
(1) If the party who is relying upon physical evidence deems the original evidence to be of such importance that a photograph or a description cannot suffice to demonstrate the party's contention, application may be made to the trial court for an order directing the transmission of the original evidence to this Court, or application may be made to this Court for such an order if it cannot be obtained from the trial court after a bona fide effort.
(2) Where the admissibility of photographs is attacked, the originals or exact duplicates, to be furnished by appellant, shall be included in the transcript.
(3) The court reporter and clerk shall certify the exhibits.
Rule 72. PROHIBITED EVIDENCE. Unless directed by this Court, no physical evidence or exhibits shall be sent to this Court that do not fit within the transcript or are bulky, cumbersome or expensive to transport, or which, by reason of their nature, are dangerous to handle.
Rule 73. RETURN OF EVIDENCE. Original evidence or exhibits received by this Court pursuant to Rules 71 or 72 shall be offered back to the trial court clerk and to the parties within 90 days after the remittitur is returned to the lower court.
Evidence or exhibits not reclaimed will be destroyed.
Rule 74. WAIVER. Appellee shall be deemed to have waived any failure of the appellant to comply with the provisions of the Appellate Practice Act relating to the filing of the transcript of the evidence and proceedings or transmittal of the record to this Court unless objection thereto was made and ruled upon in the trial court prior to transmittal, and such order is appealed as provided by law.
Rule 75. Proceedings in the Supreme Court may be broadcast by television and radio, recorded electronically, and photographed by still news photographers, if in compliance with the provisions of this plan and the Code of Judicial Conduct.
Rule 76. No broadcasting, recording, or photographing shall distract from the dignity of the Court proceedings.
Rule 77. No more than 4 still photographers and 4 television cameras will be permitted in the courtroom for coverage at any time while a proceeding is in session. However, the Court will allow all photographers and television stations to pool or divide the time, so that all will be allowed to participate. The positioning and removal of cameras shall be done only when the Court is in recess. Any pooling arrangements among those seeking to provide camera coverage shall be the sole responsibility of media persons. Neither the Clerk nor the Public Information Officer is responsible for resolving disputes regarding the same.
Rule 78. The Court, upon request, will permit persons to obtain audio from the Court's public address system on a first-come, first-served basis.
Rule 79. Persons desiring to cover a proceeding must furnish their own equipment and shall be responsible for it.
Rule 80. All television cameras are restricted to the alcove of the Courtroom. Television cameras or still cameras which produce distracting noise or sound may not be used.
Rule 81. During sessions of the Court, still news photographers may sit anywhere in the courtroom designated for use by the public, and may take pictures. However, if they wish to take pictures while standing they must do so from behind the back rows of spectator seats or from the alcove. No flashbulbs or noisy motor drives or battery-operated film advances may be used in the courtroom.
Rule 82. During the time the Court is in session, television personnel will be limited in their movements to the alcove area of the courtroom. They and still news photographers will be permitted to enter and leave the courtroom through the back doors of the alcove into the lawyer's lounge.
Rule 83. All persons covering a hearing or event will remain in the areas designated by the Court and will avoid activity that might disrupt the proceedings.
Rule 84. This plan shall not affect the coverage of any judicial proceeding by a news reporter or other person who is not using a camera, broadcast, or recording device but who is taking notes or making sketches.
Rule 85. Attorneys appearing before the Supreme Court may not give interviews in the courtroom or in the Judicial Building, and media representatives shall not seek interviews in the courtroom or in the Judicial Building, without permission of the Court.
Rule 86. All media representatives who cover a judicial proceeding are subject to this plan and thereby agree to observe the rules and objectives set out herein.
Rule 87. In the event that the Court holds judicial sessions at places other than in the courtroom of the Judicial Building in Atlanta, the spirit of this plan shall be followed to the extent possible.
Rule 88. The restrictions under this plan are not to be applied to the coverage of ceremonial or non-judicial proceedings.
Rule 89. The Supreme Court reserves the right in any particular proceeding to modify by court order any of the above rules and provisions, whether on its own motion or on the written request of any member of the media affected by the rules and provisions.
Rule 90. The Supreme Court shall retain the exclusive authority to limit, restrict, prohibit, and terminate the photographing, recording, and broadcasting of any judicial session.
Rule 91. An authorized third-year law student, when under the supervision of a district attorney, a solicitor general of a state court, a solicitor of a municipal court, a public defender, or a licensed practicing attorney who works or volunteers for a court or for a not-for-profit organization which provides free legal representation to indigent persons or children may assist in proceedings within this state as if admitted and licensed to practice law in this state.
Rule 92. All pleadings and other entries of record must also be signed by the district attorney, solicitor general, solicitor, public defender, or duly appointed assistant district attorney, assistant solicitor general, assistant solicitor, assistant public defender, or licensed practicing attorney as described in Rule 91. In the conduct of any grand jury investigation, administrative proceeding, hearing, trial, or other proceeding, such district attorney, solicitor general, solicitor, public defender, or duly appointed assistant district attorney, assistant solicitor general, assistant solicitor, assistant public defender, or licensed practicing attorney as described in Rule 91 must be physically present.
Rule 93. An eligible third-year law student is a student regularly enrolled and in good standing in a law school in this state, or an accredited law school located outside of this state, who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law, a J.D. or its equivalent, in not less than four semesters or six quarters of residence.
Any third-year law student eligible to assist a district attorney, solicitor general, solicitor, or public defender under this Rule is not required to possess the qualifications for appointment to the office of district attorney, solicitor general, solicitor, public defender, or assistant district attorney, assistant solicitor general, assistant solicitor, or assistant public defender.
Rule 94. An eligible third-year law student may be authorized to participate in the proceedings in such form and manner as the judge of the court where such authority is to be exercised may prescribe, if these requirements and the good moral character of the third-year law student are properly certified by the dean of the student's law school. Before entering an order authorizing a student to assist the district attorney, solicitor general, solicitor, or public defender, the judge shall further require of the student an oath similar to the oath required by a district attorney, a solicitor general, a solicitor, or a public defender.
As to each third-year law student authorized to assist a district attorney, solicitor general, solicitor, public defender or licensed practicing attorney as described in Rule 91, there shall be kept on file in the office of the clerk of the court where such authority is to be exercised, the dean's certificate, the student's oath if required, and the judge's order.
Rule 95. The authority to assist a district attorney, solicitor general, solicitor, public defender, or licensed practicing attorney as described in Rule 91 shall extend for no longer than one year. If during this period any change occurs in the student's law school enrollment status, such authority shall terminate and be revoked.
Rule 96. A licensed practicing attorney as described in Rule 91, who is supervising law students under this Rule, shall ensure that at all times the student is covered by an adequate amount of malpractice insurance.
Rule 97. A law school graduate certified under these rules, when under the supervision of the Attorney General, a district attorney, a solicitor general of a state court, a solicitor of a municipal court, a public defender, or a licensed practicing attorney who works or volunteers for a court or for a not-for-profit organization which provides free legal representation to indigent persons or children, may assist in proceedings within this state as if admitted and licensed to practice law in this state.
Rule 98. All pleadings and other entries of record must also be signed by the Attorney General, a district attorney, solicitor general, solicitor, public defender, or duly appointed assistant attorney general, assistant district attorney, assistant solicitor general, assistant solicitor, assistant public defender, or licensed practicing attorney as described in Rule 97. In the conduct of any grand jury investigation, administrative proceeding, hearing, trial, or other proceeding, such Attorney General, district attorney, solicitor general, solicitor, public defender, or duly appointed assistant district attorney, assistant solicitor general, assistant solicitor, assistant public defender, or licensed practicing attorney as described in rule 97, must be physically present.
Rule 99. An eligible law-school graduate is a recent graduate of a Georgia law school or of an accredited law school from another state who has not yet received the results of his or her first taking of any bar examination. Such graduate shall file a petition to practice as a law-school graduate with the Clerk of the Supreme Court, setting out the graduate's name, address, the name of the law school from which he or she graduated and the date thereof, and the name, title and signature of the Attorney General, district attorney, solicitor general, solicitor, public defender, or licensed practicing attorney as described in Rule 97, whom the graduate intends to assist. If available, evidence of certification of fitness to practice law from the Board to Determine Fitness of Bar Applicants issued under Part A, Section 11 of the Rules Governing Admission to the Practice of Law, or similar certification from another state, shall be attached to the petition. If not available, the status of the graduate's fitness application in Georgia or any other state, if any, shall be set out in the petition. A graduate who has been denied or tentatively denied certification of fitness to practice law in Georgia, or any other state, shall not be eligible to practice under this Rule.
Application for a certificate of fitness to take the bar examination is not a prerequisite to eligibility to practice as a graduate.
Any graduate eligible to assist the Attorney General, a district attorney, solicitor general, solicitor, or public defender under this Rule is not required to possess the qualifications for appointment to the office of Attorney General, district attorney, solicitor general, solicitor, public defender, or assistant attorney general, assistant district attorney, assistant solicitor general, assistant solicitor, or assistant public defender.
Rule 100. Upon receiving and examining the petition of the graduate, the Court shall register the graduate as eligible to practice under these rules until the end of the month (October or May) in which the results of the first Georgia Bar examination for which the petitioner is eligible will be published. The Court shall issue a certificate to the graduate setting out the petitioner's status as a graduate and the duration of his or her eligibility to practice under these rules.
Rule 101. The graduate shall present such certificate to the judge of the trial court where the graduate intends to assist in proceedings. The graduate may be authorized to participate in the proceedings in such form and manner as the judge of the court where such authority is to be exercised may prescribe. Before entering an order authorizing a graduate to assist the Attorney General, district attorney, solicitor general, solicitor, or public defender, the judge shall further require of the graduate an oath similar to the oath required by a district attorney, a solicitor general, a solicitor, or a public defender.
As to each graduate authorized to assist the Attorney General, a district attorney, solicitor general, solicitor, public defender, or licensed practicing attorney as described in Rule 97, there shall be kept on file in the office of the clerk of the court where such authority is to be exercised, a copy of this Court's certificate, the graduate's oath if required, and the judge's order.
Rule 102. If during this period the Board to Determine Fitness of Bar Applicants, or a similar board from another state, denies or tentatively denies the graduate's application, the graduate shall notify the judge of the trial court where he or she is assisting in proceedings immediately and such authority to practice as a graduate shall terminate and be revoked.
Rule 103. A licensed practicing attorney as described in Rule 97, who is supervising law graduates under this Rule, shall ensure that at all times the graduate is covered by an adequate amount of malpractice insurance.
Rule 104. Any request to the Court to amend the Uniform Rules of the five classes of trial courts, or to adopt rules that deviate from the uniform rules, emergency rules, or experimental rules, shall be filed with the Clerk of the Supreme Court. Internal operating procedures must also be filed with the Clerk of the Supreme Court but do not require the Court's approval.
Rule 105. Any proposal submitted, except submissions of internal operating procedures, shall contain a statement that a copy of the proposed rule has been forwarded to the State Bar for comment. In the case of an experimental rule, the proposal shall also contain a statement that the rule has been advertised to the local bar for 30 days prior to filing.
Rule 106. Any submission, including submissions of internal operating procedures, shall explain the reasons for the proposal, the ways that it differs from existing rules and procedures, and the specific changes sought, with additional material underlined and deleted material stricken through.
XVIII. DEFEATED SENIOR JUDGES
Rule 107. Any defeated senior judge who has properly obtained senior status in accordance with OCGA § 15-1-9.2 or OCGA § 15-1-9.3, may seek this Court's approval of such service by filing a petition for service that includes proof of senior status, and an affidavit executed by the defeated senior judge that attests to his or her good standing with the State Bar and general good character, and that the defeated senior judge has not been found guilty of any malfeasance while serving as an active or senior judge.
Rule 108. If the Court approves the defeated senior judge's petition for service, it will issue an order to that effect, at which time the defeated senior judge may begin to comply with the requests to serve made in accordance with OCGA § 15-1-9.2 or OCGA § 15-1-9.3.
Rule 109. This Court periodically may review its approval of any defeated senior judge's petition for service, but once having been approved, the defeated senior judge may continue to serve until such approval is withdrawn or revoked.
Rule 110. Each Justice of the Supreme Court of Georgia shall complete a minimum of 12 hours of instruction in an approved continuing judicial or legal education activity during each calendar year. If a Justice completes more than twelve hours in a year, the excess credit may be carried forward and applied to the education requirement for the succeeding year only.
Each Justice shall complete during each year a minimum of 1 hour of continuing judicial or legal education activity in the area of legal or judicial ethics and 1 hour in an activity of the Institute of Continuing Legal Education in the area of professionalism. These hours are to be included in, and not in addition to, the twelve-hour requirement. If a Justice completes more than 1 hour in either or both of these areas during a year, the excess may be carried forward to a maximum of 2 hours in either or both areas and be applied to the ethics and/or professionalism requirement for succeeding years.
The Supreme Court may exempt a Justice from the continuing judicial education requirements but not from the reporting requirements of this rule for a period of not more than one year upon a finding by the Court of special circumstances unique to that member constituting undue hardship.
Rule 111. On or before January 31 of each year, each Justice shall make and file with the Clerk of the Supreme Court evidence of compliance with the requirements of the program for mandatory continuing judicial education.
Rule 112. Continuing education programs for which a Justice may receive qualifying credit shall include: (1) programs of the Appellate Judges Conference sponsored by the American Bar Association; (2) programs sponsored by the Institute of Continuing Judicial Education of Georgia; (3) programs of continuing legal education accredited by the Commission on Continuing Lawyer Competency of the State Bar of Georgia, including all programs of the Institute of Continuing Legal Education; (4) programs sponsored by any law school accredited by the American Bar Association; and (5) such other programs of continuing judicial or legal education as may be approved by the Supreme Court of Georgia.
For teaching in a program qualifying under (1)-(5), above, a Justice shall be given three hours of credit for each hour of instructional responsibility when no handout paper is required but preparation is necessary and is conducted, and six hours of credit for each hour of instructional responsibility when a handout paper is required and prepared. When the same lecture or instructional activity is repeated in a single year, additional credit shall be given equivalent to the actual time spent in delivering that presentation.
Rule 113. In the event a Justice shall fail to comply with the requirements of the rules for Mandatory Continuing Judicial Education at the end of an applicable period, such Justice may submit to the Supreme Court a specific plan for making up the deficiency of necessary hours within 60 days after the last day for the reporting of activities for the preceding year.
In the event such plan is not submitted, or in the event a plan is submitted but not complied with during the 60-day period, the Supreme Court shall administer a reprimand to the noncomplying Justice and the fact of such reprimand may be noted and published in the Supreme Court Reports.
RULES OF THE SUPREME COURT OF GEORGIA