Ga. Comp. R. & Regs. 616-1-2-.10

Current through Rules and Regulations filed through October 29, 2024

Rule 616-1-2-.10 - Ex Parte Communications

(1) Once a case is before the Court, no person shall communicate with the assigned Judge relating to the merits of the case without the knowledge and consent of all other parties to the matter, provided that:

(a) the Judge may communicate with other Judges relating to the merits of cases at any time; or

(b) where circumstances require, ex parte communications are authorized for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits, provided that

1. the Judge reasonably believes that no party will gain procedural or tactical advantage as a result of the ex parte communication; and

2. the Judge makes provision to promptly notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.

(2) Should a Judge receive a communication prohibited by this Rule, he or she shall notify all parties of the receipt of such communication and its content.

Ga. Comp. R. & Regs. R. 616-1-2-.10

O.C.G.A. §§ 50-13-40(c); 50-13-41.

ER 616-1-2-0.2 was f. on Mar. 23, 1995; eff. Apr. 1, 1995, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.

Amended. ER 616-1-2-0.2 repealed and R. 616-1-2-.10 entitled "Ex Parte Communications" adopted. F. Jun. 30, 1995; eff. July 20, 1995.

Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.

Amended: F. June 22, 2020; eff. July 12, 2020.