unmagpreamb2028_1_ru 2015-05-26T17:39:10+00:00

Atlanta June 10, 2004

The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:
It is ordered that the Uniform Magistrate Court Rules be amended to add a Preamble and to amend Uniform Magistrate Rule 28.1, to read as follows:

Rule 1. Preamble

These rules are promulgated pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions. It is not the intention, nor shall it be the effect, of these rules to conflict with the Constitution or substantive law, either per se or in individual actions and these rules shall be so construed and in case of conflict shall yield to substantive law.

Rule 28.1. Time for filing

All motions, demurrers, and special pleas shall be made and filed at or before the time set by law, unless time therefor is extended by the judge in writing prior to trial. Notices of the state’s intention to present evidence of similar transactions or occurrences and notices of the intention of the defense to raise the issue of insanity or mental illness shall be given and filed at least ten [10] days before trial unless the time is shortened or lengthened by the judge. Such filing shall be in accordance with the following procedures.