Rule 1. OFFICE HOURS
Rule 2. FILING BY FACSIMILE
Rule 3. TERMS OF COURT
Rule 4. REQUIREMENTS FOR ATTORNEYS PRACTICING BEFORE THE SUPREME COURT
Rule 5. COSTS
Rule 6. FRIVOLOUS APPEAL
Rule 7. SANCTIONS
Rule 8. NOTICE OF DOCKETING
Rule 9. SUPERSEDEAS
Rule 10. BRIEFS: TIME OF FILING
Rule 11. DUE DATE
Rule 12. EXTENSION OF TIME – Effective January 1, 2017
Rule 13. DETERMINATION OF FILING DATE
Rule 14. SERVICE
Rule 15. NUMBER OF COPIES
Rule 16. TYPE
Rule 17. DOCUMENTS: FORMAT
Rule 18. BRIEFS: FORMAT
Rule 19. BRIEFS: ENUMERATION OF ERRORS
Rule 20. BRIEFS: PAGE LIMITATION – Effective January 1, 2017
Rule 21. BRIEFS: PAGE NUMBERING
Rule 22. BRIEFS: ARGUMENT AND AUTHORITY
Rule 23. AMICUS BRIEFS
Rule 24. SUPPLEMENTAL BRIEFS
Rule 25. SUPPLEMENTAL RECORD
Rule 26. MOTIONS AND MOTIONS TO DISQUALIFY
Rule 27. MOTIONS FOR RECONSIDERATION
Rule 28. SUGGESTION OF DEATH
Rule 29. PERSONAL REMARKS
III. INTERLOCUTORY APPEALS
Rule 30. REQUIREMENTS
Rule 31. STANDARD FOR GRANTING
Rule 32. TRANSFERS
IV. DISCRETIONARY APPEALS
Rule 33. REQUIREMENTS
Rule 34. STANDARD FOR GRANTING – Effective January 1, 2017
Rule 35. TRANSFERS
V. POST-CONVICTION HABEAS CORPUS APPEALS
Rule 36. STANDARD FOR GRANTING
VI. INTERIM APPELLATE REVIEW
Rule 37. ISSUES FOR REVIEW
VII. CERTIORARI TO COURT OF APPEALS
Rule 38. REQUIREMENTS
Rule 39. COURT OF APPEALS’ OPINION
Rule 40. STANDARD FOR GRANTING
Rule 41. FORMAT
Rule 42. RESPONSES
Rule 43. RECORD
Rule 44. APPEAL BOND
Rule 45. GRANTED CERTIORARI
VIII. CERTIFIED QUESTIONS
Rule 46. ELIGIBLE COURTS
Rule 47. QUESTION PRESENTED
Rule 48. PROCEDURE
IX. DISCIPLINARY, JQC, AND BAR ADMISSIONS
Rule 49. PROCEDURE
X. ORAL ARGUMENT
Rule 50. ORAL ARGUMENT
Rule 51. REQUESTS. – Effective January 1, 2017
Rule 52. APPEARANCE
Rule 53. ORDER OF ARGUMENT
Rule 54. TIME – Effective January 1, 2017
Rule 55. COURTROOM DECORUM
XI. OPINIONS AND JUDGMENTS
Rule 56. PARTICIPATION OF JUSTICES
Rule 57. DISQUALIFIED OR NOT PARTICIPATING
Rule 58. JUDGMENTS
Rule 59. AFFIRMANCE WITHOUT OPINION
Rule 60. REMITTITUR
Rule 61. STAY OF REMITTITUR
XII. THE PARENTAL NOTIFICATION ACT
Rule 62. CERTIORARI TO THE COURT OF APPEALS
Rule 63. DIRECT APPEAL
Rule 64. REMITTITUR
Rule 65. EXPEDITING
Rule 66. RECORD UNDER SEAL
XIII. RECORDS AND TRANSCRIPTS
Rule 67. RECORDS AND TRANSCRIPTS – Effective January 1, 2017
Rule 68. FORMAT
Rule 69. SEQUENCE – Effective January 1, 2017
Rule 70. COURT REPORTER’S TRANSCRIPT
Rule 71. EVIDENCE
Rule 72. PROHIBITED EVIDENCE
Rule 73. RETURN OF EVIDENCE
Rule 74. WAIVER
XIV. MEDIA RULES
Rules 75 – 90
XV. STUDENT PRACTICE RULE
Rules 91 – 95
XVI. LAW SCHOOL GRADUATES
Rules 97 – 103
XVII. PROPOSED AMENDMENTS TO THE UNIFORM RULES
Rules 104 – 106
XVIII. DEFEATED SENIOR JUDGES
Rules 107 – 109
XIX. CONTINUING JUDICIAL EDUCATION
Rules 110 – 113
XX. EXTENDED PUBLIC SERVICE PROGRAM
Rules 114 – 120
XXI. PROVISION OF LEGAL SERVICES FOLLOWING DETERMINATION OF MAJOR DISASTER
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.
(1) December term beginning the first Monday in December
(2) April term beginning the first Monday in April; and
(3) August term beginning the first Monday in August.
Rule 4. REQUIREMENTS FOR ATTORNEYS PRACTICING BEFORE THE SUPREME COURT.
An attorney must be in good standing and admitted in the Supreme Court in order to make an appearance. An attorney who is not admitted to practice in Georgia and who is admitted and authorized to practice law in the highest court of another state, the District of Columbia, or a territory of the United States may appear pro hac vice in a particular case with permission of the Court as provided in subsection (h) below.
a. Application and Oath. Any active 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.
The oath, which is required to be taken in open Court or before a Justice (see Rule 55 (2) regarding proper attire), 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.”
b. Fee. The non-refundable fee for admission is $30, payable to the Clerk, Supreme Court of Georgia, who will issue a license under the seal of the Court.
c. Admission In Absentia. The Court allows active members of the State Bar of Georgia who reside out of the state to be admitted in absentia. Two items are required: the Application for Admission and the Oath to be administered by an appellate judge or a judge of a court of record, with the admittee’s signed affirmation and the judge’s attestation. Mail the original forms to the Clerk. Upon receipt and verification of the original documents, the Clerk will mail the admittee a license evidencing admission to the Bar of this Court. The admittee must make an appointment with the Clerk’s office to sign the attorney Roll Book upon return to Georgia.
d. Certificate of Good Standing. A certificate of good standing will be issued to members of the Supreme Court Bar upon written request if accompanied by payment of $10. Instructions for ordering a certificate of good standing are located on the Court’s website at http://www.gasupreme.us/court-information/purchase/.
e. Withdrawal or Substitution of Counsel. Any withdrawal, discharge, or substitution of attorneys of record in the Court shall be communicated to the Court in writing via the e-file system 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.
f. Change of Contact Information. If during the pendency of any proceeding, counsel of record for any party change their business address, e-mail address, or telephone number, they shall update the information on the e-file system in “Update My Profile” and notify the Clerk by e-filed letter of this change and show service on opposing counsel. Upon receipt of the notification, the Clerk will confirm that the Court’s docket has been updated. Failure of counsel to receive notice of Court action shall not be grounds to reinstate or reconsider any matter adverse to counsel or their party if counsel failed to properly update the e-file system and to notify the Court of any change of business address, e-mail address, or telephone number.
g. Pro Se Parties. The words “counsel” and “attorney” as used in these rules include pro se parties.
h. Pro Hac Vice Appearance. An attorney desiring to appear pro hac vice in a single case shall file an Application for Admission Pro Hac Vice before making an appearance in the case.
(1) The application, which shall be served on all parties, shall contain the following information:
(a) a current certificate of good standing from the highest court of the out-of-state lawyer’s jurisdiction;
(b) the applicant’s business address, e-mail address, and telephone number; and
(c) the name of the party or parties sought to be represented.
(2) The application may be made by the attorney requesting pro hac vice appearance or a member of the Bar of this Court on behalf of the attorney requesting pro hac vice appearance.
(3) Each time an Application for Admission Pro Hac Vice is submitted under this rule, the applicant shall send a check for $200 payable to “IOLTA/Georgia Bar Foundation.” The check must be mailed directly to “The Georgia Bar Foundation, 104 Marietta Street, Suite 610, Atlanta, GA 30303.” The applicant must include a certification with their application stating, “I have submitted a check for $200 to the Georgia Bar Foundation.”
(4) Persons seeking to represent an indigent party may qualify for a waiver of the fee, if at the time of filing the application, counsel files a statement that counsel is representing the client pro bono because of indigency.
(5) The Court will provide electronic filing access to attorneys granted pro hac vice admission.
i. Law Students and Law School Graduates. 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.
j. Absences. Unlike the Uniform Rules for other courts, this Court does not grant leaves of absence. Counsel should make arrangements to monitor the case while absent. If appropriate to the pending matter, counsel may request an extension of time.
Rule 5. COSTS.
Costs are $80 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. Costs are $300 in all other civil cases.
Costs shall be paid at the time of filing of the case in this Court except in direct appeals, where costs accrue on docketing but shall be paid at the time of filing of the appellant’s brief.
Costs need not be paid again where a petition for certiorari or an application for discretionary or interlocutory appeal, for interim review, or for a certificate of probable cause has been granted. Costs are not required for certified questions, disciplinary cases, or State Bar or Office of Bar Admissions matters.
Costs shall not be required where at the time the same are due:
(1) the applicant or appellant is pro se (not represented by counsel) and incarcerated at the time of filing;
(2) counsel for the applicant or appellant was appointed to represent the applicant or appellant in the trial court because of indigency and, at the time costs would be due, counsel files a statement that counsel was so appointed by the trial court; or
(3) the applicant, appellant, or counsel for the applicant or appellant files an affidavit of indigency that includes an original signature and a proper jurat.
The Clerk is prohibited from receiving or filing an application, petition for certiorari, or the appellant’s brief in a direct appeal unless the costs have been paid or the provisions of (1)-(3) above have been satisfied.
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 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.
(Effective January 1, 2017) 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 filed 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 order granting the extension must be included as an exhibit to the document for which the extension was granted.
Rule 13. DETERMINATION OF FILING DATE. Except as otherwise provided in this rule, a document will be deemed filed in the Supreme Court of Georgia on the date it is electronically filed or physically received in the Supreme Court Clerk’s office and stamped filed by the Clerk’s office staff.
Electronic Filing. Attorneys are required to file documents electronically with the Court and shall follow the policies and procedures governing electronic filing as set out in the Court’s electronic filing instructions at www.gasupreme.us/sced, unless the Court determines in a particular case that the filing shall be limited to conventional paper filing or unless the Court grants a request for exemption from mandatory electronic filing for good cause shown.
Conventional Paper Filing.
(1) Filing by Mail or Commercial Delivery. A document transmitted by priority, express, or first-class (including certified or registered) mail via the United States Postal Service, or by a third-party commercial carrier for delivery to the Supreme Court Clerk within three days, shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the commercial carrier’s transmittal form on the envelope or package containing the document, but only if the envelope or package is properly addressed, postage is prepaid, and the postmark or transmittal date is legible.
(2) Filings by Pro Se Prisoners. A document submitted by a prisoner who is not represented by counsel shall be deemed filed on the date the prisoner delivers the document to prison officials for forwarding to the Supreme Court Clerk. In the absence of an official United States Postal Service postmark showing a date on or before the filing deadline, such delivery shall be shown by the date on the certificate of service or on an affidavit submitted by the prisoner with the document stating that the prisoner is giving the document to prison officials with sufficient prepaid postage for first-class mail. Such a certificate or affidavit will give rise to a presumption that the date of filing reflected therein is accurate, but the State may rebut the presumption with evidence that the document was given to prison officials after the filing deadline or with insufficient postage. If the institution has a system designed for legal mail, the prisoner must use it to benefit from this rule.
Motions for Reconsideration. Except when otherwise ordered, all motions for reconsideration, see Rule 27, must be physically received or electronically filed in the Clerk’s office within 10 days of the order or judgment for which reconsideration is sought.
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.
Number of Paper Copies. When the filer is a self-represented party or an attorney exempted from the e-file requirements, see Rule 13, an original and one copy of every document shall be filed.
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)
(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.
(Effective January 1, 2017) 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 filed in and authorized by the Court prior to the due date of the filing. In all criminal cases, except those in which the State is pursuing the death penalty or in which the death penalty has been imposed, briefs, petitions for certiorari, applications for appeal, motions, and responses shall be limited to 50 pages, except upon written request filed in and authorized by the Court prior to the due date of the filing. With respect to all of the aforementioned filings, tables of contents, tables of citations, appendices and certificates of service shall not be counted toward the applicable page limit.
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 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 AND MOTIONS TO DISQUALIFY. 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.
A party to the proceeding may file a motion to disqualify a Justice within a reasonable time after the moving party discovers or should have discovered the grounds for disqualification.
The motion and all evidence thereon shall be presented by accompanying affidavit(s) which shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of the conduct or statements which demonstrate either bias in favor of any adverse party, prejudice toward the moving party, or that the Justice’s impartiality otherwise might be reasonably questioned. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings.
A Justice whose impartiality is questioned will determine, alone or in consultation with the other Justices, whether to grant or deny the motion to disqualify or to disqualify himself or herself from or not participate in the case voluntarily, rendering the motion moot. The criteria for disqualification are set forth in statutory law, case law, and the Code of Judicial Conduct. When a Justice is disqualified, the underlying action will proceed in accordance with Rule 57.
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. See Rule 13. 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.
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.
(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.
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.
(1) Reversible error appears to exist;
(2) The establishment of a precedent is desirable; or
(3) Further development of the common law is desirable.
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 OCGA § 9-14-52 (b). See Fullwood v. Sivley, 271 Ga. 248 (517 SE2d 511) (1999).
VI. INTERIM APPELLATE REVIEW
Rule 37. ISSUES FOR REVIEW. Interim appellate review of pre-trial matters in death penalty cases shall be conducted as follows and in conformity with the Unified Appeal Procedure, Rule II (F) – (H) and OCGA §§ 17-10-35.1 and 17-10-35.2:
(1) The question of whether there shall be an interim review of pre-trial proceedings will be considered by this Court only if the trial court, having conducted a hearing on the matter, orders that interim review is appropriate. See OCGA § 17-10-35.2. An order by the trial court denying such review shall not be appealable. See id.
(2) If the trial court orders that interim review is appropriate, the trial court shall complete and file in the trial court record a report in the form provided in the Unified Appeal Procedure, Rule II (G). Thereafter, the parties shall file any reports/applications addressing the appropriateness of interim review in the trial court, and not in this Court, in the manner prescribed in the Unified Appeal Procedure, Rule II (F) (3) – (6). Any requests for extensions of time for filing the reports/applications of the parties shall be directed to the trial court and not to this Court. Upon the filing of the reports/applications of both parties or the passage of the time for filing them, including any extensions granted by the trial court, the trial court shall transmit a copy of the entire pre-trial record, including any reports/applications addressing the appropriateness of interim review, in the manner prescribed in the Unified Appeal Procedure, Rule II (F) (7).
(3) The parties will be permitted to file in this Court any briefs they deem appropriate within seven days of docketing of the trial court record in this Court.
(4) This Court will issue an order granting interim review of the pre-trial proceedings, or portions thereof, or denying review within 45 days of the date on which the copy of the pre-trial record is docketed in this Court.
(5) If interim review is granted by this Court, the case will proceed as any other appeal. Oral argument in such an appeal shall be mandatory. See Rule 50 (1).
(6) If interim review is denied, the copy of the pre-trial record transmitted to this Court will be returned to the trial court; however, if interim review is granted, the copy of the pre-trial record will become a permanent part of this Court’s records.
VII. CERTIORARI TO COURT OF APPEALS
(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 40. STANDARD FOR GRANTING. A review on certiorari is not a right.Â 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.
IX. DISCIPLINARY, JQC, AND BAR ADMISSIONS
X. ORAL ARGUMENT
(1) Direct appeals from judgments imposing the death penalty, every interim review which is granted pursuant to Rule 37, appeals following the grant of applications of certificates of probable cause to appeal in habeas corpus cases where a death sentence is under review, and appeals in habeas corpus cases where a death sentence has been vacated in the lower court 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 noted in (1) and (2) above 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 order, deny or limit oral argument where appropriate.
(Effective January 1, 2017) Rule 51. REQUESTS. A request for oral argument shall be filed 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 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.
(Effective January 1, 2017) 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 the 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.
(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 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.
(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.
(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.
(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 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
(Effective January 1, 2017) 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 of a record shall be through the Supreme Court electronic record access system at http://trial.gasupreme.us/, or 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.
(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. Purpose. The purpose of this Rule is to recognize and support experiential learning opportunities that currently exist for law students in Georgia and to broaden the potential range of such opportunities, thereby expanding access to justice through the work of properly qualified and supervised law students who are permitted, as if admitted and licensed to practice law, to represent and appear on behalf of units of government and persons unable to afford legal services. By expanding the range of work that law students may do as if admitted to practice, this Rule does not, however, address nor intend in any way to restrict the wide variety of activities in which law students currently assist lawyers in their practice of law, including both law school educational programs and traditional work as law clerks.
Rule 92. Activities Permitted by a Registered Law Student. An eligible law student registered for student practice pursuant to this Rule, when under the supervision of a member of the State Bar of Georgia, may, as if admitted and licensed to practice law in Georgia, advise, prepare legal instruments, appear before courts and administrative agencies and otherwise take action on behalf of:
(1) any state, local, or other government unit or agency;
(2) any person who is unable financially to pay for the legal services of an attorney; or
(3) any non-profit organization the purpose of which is to assist low or moderate income persons.
When a registered law student appears before a court or agency, the judge or presiding officer has authority to prescribe the form and manner by which such student may participate in proceedings. A registered law student may neither ask for nor receive any compensation or remuneration of any kind from any client for whom the student renders services; but this shall not prevent the student from receiving compensation, or a scholarship, stipend or other remuneration from a law school, governmental entity, or other non-profit agency in acknowledgment of the services the student is performing. Nothing in this Rule prohibits a supervising attorney, or organization employing such supervising attorney, from applying for, charging, or collecting a fee relating to activities of the registered law student authorized by this Rule that the attorney or organization otherwise may properly apply for, charge, or collect. Communications between the client of a supervising attorney and a registered law student shall be privileged to the same extent as communications protected by attorney-client privilege and work product doctrine and protected as confidential under the Georgia Rules of Professional Conduct, and the presence of a registered law student during communications between the supervising attorney and the client shall not waive any otherwise applicable evidentiary privilege or duty of confidentiality.
Nothing contained in this Rule shall affect the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of this Rule nor the right of lawyers to use assistants in their practice as permitted by the Georgia Rules of Professional Conduct.
Rule 93. Requirements for Registration. A law student is eligible for registration if the student:
(1) is enrolled at the time of original registration in a school of law approved by the American Bar Association; and
(2) has completed at the time of original registration legal studies equivalent to at least two semesters of full-time study.
Rule 94. Procedure for Registration. To register an eligible law student under this Rule, the student’s law school must file with the Office of Bar Admissions the following:
(1) certification by the law school dean that:
(a) the student has completed legal studies equivalent to at least two semesters of full-time study,
(b) the student is currently in good academic standing, and
(c) to the best of the knowledge of the dean, the student is of good moral character and is prepared to begin the work described under this Rule;
(2) certification by the law student that the student has read and is familiar with the Georgia Rules of Professional Conduct and that the student will comply with all provisions of the Georgia Rules of Professional Conduct applicable to activities undertaken by the student pursuant to this Rule; and
(3) an oath signed by the student including at a minimum the following affirmations or equivalent statements:
(a) “I will support the Constitution of the United States and the Constitution of the State of Georgia.”
(b) “I will maintain the respect due to courts of justice and judicial officers.”
(c) “I will employ such means only as are consistent with truth and honor, and will never seek to mislead by any artifice or false statement of fact or law.”
(d) “I will maintain and protect all confidences entrusted to me.”
(e) “I will in all other respects conduct myself personally and professionally in conformity with the high standards of conduct imposed upon members of the State Bar of Georgia.”
The registration shall remain in effect until the student’s graduation from law school unless terminated.
Upon determining that a student has complied with the above requirements for registration, the Office of Bar Admissions shall assign a number identifying the registered student and provide to the student evidence of registration, which may be in either electronic or printed form. The registered student shall include this identifying number on the signature line of any document prepared pursuant to Rule 95(4), and shall produce evidence of registration upon request when appearing before any court or tribunal of this state.
The Director of the Office of Bar Admissions may terminate registration at any time without prior notice or hearing and without any showing of cause. The Director of the Office of Bar Admissions shall terminate registration upon receipt of notice from the law school dean that:
(1) the student has been placed on academic probation;
(2) the student is no longer enrolled at the law school; or
(3) the dean has determined to terminate the dean’s prior certification, which the dean may do at any time without prior notice or hearing and without any showing of cause.
The dean of the student’s law school may designate an associate or assistant dean or other appropriate law school official to file certifications and notices under this provision on the dean’s behalf.
Rule 95. Supervision of a Registered Law Student. An attorney who supervises a registered law student shall:
(1) confirm that the certifications required by this Rule have been filed with the Office of Bar Admissions and that registration has not been terminated;
(2) have personal and professional responsibility for all activities of the student registered pursuant to this Rule and ensure that the student is covered by an adequate amount of malpractice insurance unless the supervising attorney is a public prosecutor or otherwise an official protected by governmental immunity;
(3) counsel and assist the student, and in particular provide guidance in matters of professional responsibility and legal ethics, in order to assure proper practical training of the student and effective representation of the person or entity receiving services in relation to activities of the student registered pursuant to this Rule;
(4) review, approve and personally sign any document prepared by a student that is filed in any court or tribunal, and review and approve any document prepared by a student that would have binding legal effect on a person or entity receiving services in relation to activities of the student registered pursuant to this Rule, and require that any document signed by a law student states that the student is acting as a registered law student pursuant to this Rule;
(5) obtain a signed consent from a person or entity being represented acknowledging that the supervising attorney is being assisted by the registered law student; and
(6) be physically present during the conduct of any grand jury investigation, administrative proceeding, hearing, trial, or other proceeding in which the registered law student appears unless the judicial officer of the court or tribunal in which the student is appearing determines that the physical presence of the supervising attorney is not necessary.
Rule 96. Deleted.
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.
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.
Rule 114. An attorney who is a member in good standing of the bar of another state, territory or district (hereafter referred to as an “out-of-state attorney”) who is employed by, associated with, or serving as a volunteer pro bono attorney with 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 ifadmitted and licensed to practice law in this state provided that such attorney complies with the provisions of Rules 114 through 120.
Rule 115. 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 solicitorgeneral, assistant solicitor, assistant public defender, or licensed practicing attorney as described in Rule 114. 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 114, must be physically present.
An out-of-state attorney authorized to practice under this Part shall not use the title of any public officer or employee of this state or use any designation that implies that such attorney is admitted to practice as an attorney in this state.
Rule 116. A petition for permission for an out-of-state attorney to assist in proceedings under this Part shall be flIed by the Attorney General, a district attorney, solicitor general, solicitor, public defender, the chief legal officer of a not-for-profit organization which provides free legal representation to indigent persons or children, or a licensed practicing attorney who works or volunteers to provide free legal representation to indigent persons or children with the Clerk of the Supreme Court, setting out the attorney’s name, address, the name ofthe law school from which he or she graduated, and the name of each jurisdiction in which such attorney has been admitted to the practice of law. Such petition shall include:
(1) A certificate of any court of last resort in each such jurisdiction certifying that the out-of-state attorney is a member in good standing of the bar of such jurisdiction;
(2) A certificate from the disciplinary authority ofeachjurisdiction ofadmission which states that the out-of-state attorney has not been suspended, disbarred or disciplined and that no charges of professional misconduct are pending; and
(3) An affidavit by the out-of-state attorney that he or she has not within the previous five years been found to have provided ineffective assistance of counsel or personally to have committed prosecutorial misconduct by a court of law in any jurisdiction in which such attorney is admitted to practice or have been found by a court of law to have committed professional malpractice in any civil action.
If the out-of state attorney has applied to take the Georgia Bar Examination, the petition shall set forth the date application was made and the anticipated date of the examination and shall be accompanied, if available, by 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. If not available, the status ofthe out-of-state attorney’s fitness application in Georgia or any other state, if any, shall be set out in the petition. An out-of-state attorney who has been denied or tentatively denied certification offitness to practice law in Georgia, or any other state or whose certification of fitness has been suspended, shall not be eligible to practice under this Rule.
Rule 117. Upon receiving and examining the petition of the out-of-state attorney, the Court shall register the out-of-state attorney as eligible to practice under these Rules. Permission to practice under these Rules shall be valid for a period not to exceed 18 months.
Permission to practice under this Rule shall terminate if:
(1) The out-of-state attorney ceases to be employed by, associated with, or serve as a volunteer pro bono attorney with the official or attorney who filed the petition. It shall be the duty of such official or attorney to notify the Clerk of this Court, in writing, that the out-of-state attorney is not so employed, associated, or serving;
(2) The out-of-state attorney is admitted to the practice of law in this state;
(3) The out-of-state attorney fails the Georgia Bar Examination;
(4) The out-of-state attorney’s certification of fitness is suspended by the Board to Determine Fitness ofBar Applicants ofthe Supreme Court of Georgia or by the Bar Admissions authority of any other state;
(5) The out-of-state attorney is suspended or disbarred for disciplinary reasons in any jurisdiction in which such attorney is admitted to practice.
The Court shall issue a certificate to the out-of-state attorney setting out the petitioner’s status as an out-of-state attorney and the duration of his or her eligibility to practice under these Rules.
Rule 118. The out-of-state attorney shall present such certificate to the judge of the trial court where the out-of-state attorney will assist in proceedings. The judge shall enter an order setting forth the form and manner in which the out-of-state attorney is authorized to participate in proceedings. Before entering such order authorizing an out-of-state attorney to assist in proceedings pursuant to these Rules, the judge shall require the out-of-state attorney to take the oath prescribed by Part B, Section 16 of the Rules Governing Admission to the Practice of Law. If the out-ofstate attorney will be assisting the Attorney General, a district attorney, solicitorgeneral, solicitor, or public defender, the judge shall further require ofthe out-of-state attorney an oath similar to the oath required by an attorney employed by such public official.
A copy of this Court’s certificate, the oath or oaths, and the judge’s order authorizing an out-of-state attorney to assist in proceedings pursuant to these Rules shall be kept on file in the office ofthe clerk ofthe court where such authority is to be exercised. If the out-of-state attorney is authorized to assist in more than one court within a judicial circuit, a certified copy of the Court’s certificate, the oath or oaths, and the judge’s order shall be filed with each clerk of court.
Rule 119. All out-of-state attorneys permitted to practice under this Rule shall be subject to the jurisdiction ofthe Court for disciplinary purposes to the same extent as all other lawyers licensed to practice law in this state.
Rule 120. A licensed practicing attorney as described in Rule 114, who is supervising out-of-state attorneys under this Part, shall ensure that at all times the out-of-state attorney is covered by an adequate amount of malpractice insurance.
(1) Determination of Existence of Major Disaster. Solely for purposes of this Rule, this Court shall determine when an emergency affecting the justice system, as a result of a natural or other major disaster, has occurred in:
(a) this jurisdiction and whether the emergency caused by the major disaster affects the entirety or only a part of this jurisdiction, or
(b) another jurisdiction, but only after such a determination and its geographical scope have been made by the highest court of that jurisdiction. The authority to engage in the temporary practice of law in this jurisdiction pursuant to paragraph (3) shall extend only to lawyers who principally practice in the area of such other jurisdiction determined to have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services.
(2) Temporary Practice in this Jurisdiction Following Major Disaster. Following the determination of an emergency affecting the justice system in this jurisdiction pursuant to paragraph (1) (a) of this Rule, or a determination that persons displaced by a major disaster in another jurisdiction and residing in this jurisdiction are in need of pro bono services and the assistance of lawyers from outside of this jurisdiction is required to help provide such assistance, a lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended, or otherwise restricted from practice in any jurisdiction, may provide legal services in this jurisdiction on a temporary basis. Such legal services must be provided on a pro bono basis without compensation, expectation of compensation, or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be assigned and supervised through an established not-for-profit bar association, pro bono program, or legal services program or through such organization(s) specifically designated by this Court.
(3) Temporary Practice in this Jurisdiction Following Major Disaster in Another Jurisdiction. Following the determination of a major disaster in another United States jurisdiction pursuant to paragraph (1) (b) of this Rule, a lawyer who is authorized to practice law and who principally practices in that affected jurisdiction, and who is not disbarred, suspended, or otherwise restricted from practice in any jurisdiction, may provide legal services in this jurisdiction on a temporary basis. Those legal services must arise out of and be reasonably related to that lawyer’s practice of law in the jurisdiction, or area of such other jurisdiction, where the major disaster occurred.
(4) Duration of Authority for Temporary Practice. The authority to practice law in this jurisdiction granted by paragraph (2) of this Rule shall end when this Court determines that the conditions caused by the major disaster in this jurisdiction have ended except that a lawyer then representing clients in this jurisdiction pursuant to paragraph (2) is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation. The lawyer shall not thereafter accept new clients. The authority to practice law in this jurisdiction granted by paragraph (3) of this Rule shall end 60 days after this Court declares that the conditions caused by the major disaster in the affected jurisdiction have ended.
(5) Court Appearances. The authority granted by this Rule does not include appearances in court except:
(a) pursuant to that court’s pro hac vice admission rule; or
(b) if this Court, in any determination made under paragraph (1), grants blanket permission to appear in all or designated courts of this jurisdiction to lawyers providing legal services pursuant to paragraph (2). If such an authorization is included, any pro hac vice admission fees shall be waived.
(6) Disciplinary Authority and Registration Requirement. Lawyers providing legal services in this jurisdiction pursuant to paragraph (2) or (3) are subject to this Court’s disciplinary authority and the Georgia Rules of Professional Conduct. Lawyers providing legal services in this jurisdiction under paragraph (2) or (3) must file a registration statement with the State Bar of Georgia. The registration statement shall be in a form prescribed by the State Bar. Any lawyer seeking to provide legal services pursuant to this Rule must be approved by the State Bar before being authorized to provide such legal services. Any lawyer who provides legal services pursuant to this Rule shall not be considered to be engaged in the unlawful practice of law in this jurisdiction.
(7) Notification to Clients. Lawyers authorized to practice law in another United States jurisdiction who provide legal services pursuant to this Rule shall inform clients in this jurisdiction of the jurisdiction in which they are authorized to practice law, of any limits of that authorization, and that they are not authorized to practice law in this jurisdiction except as permitted by this Rule. They shall not state or imply to any person that they are otherwise authorized to practice law in this jurisdiction.
(8) Judicial Emergency. Judicial emergencies are also addressed in OCGA §§ 38-3-60 to 38-3-64../