Ga. Unif. R. Mag. Ct. 9
Rule 9.1. Leaves for 30 Calendar Days or Less
An attorney of record shall be entitled to a leave of absence for 30 days or less from court appearance in pending matters which are neither on a published calendar for court appearance, nor noticed for a hearing during the requested time, by submitting to the clerk of the court at least 30 calendar days prior to the effective date for the proposed leave, a written notice containing:
A copy of the notice shall be sent, contemporaneously, to the judge before whom an action is pending and all opposing counsel. Unless opposing counsel files a written objection within ten days with the clerk of the court, with a copy to the court and all counsel of record, and the court responds denying the leave, such leave will stand granted without entry of an order. If objection is filed, the court, upon request of any counsel, will conduct a conference with all counsel to determine whether the court will, by order, grant the requested leave of absence.
The clerk of the court shall retain leave of absence notices in a chronological file two calendar years; thereafter, the notices may be discarded.
Rule 9.2. Leaves for More Than 30 Calendar Days or Those Either on a Published Calendar, Noticed for a Hearing, or not Meeting the Time Requirements of Rule 9.1
Application for leaves of absence for more than 30 days, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in Rule 9.1 above, must be in writing, filed with the clerk of the court, and served upon opposing counsel at least ten days prior to submission to the appropriate judge of the court in which an action is pending. This time period may be waived if opposing counsel consents in writing to the application. This procedure permits opposing counsel to object or to consent to the grant of the application, but the application is addressed to the discretion of the court. Such application for leave of absence shall contain:
If an objection is filed, the court, upon request of any counsel, will conduct a conference with all counsel to determine whether the court will, by order, grant the requested leave of absence.
Rule 9.3. Effect of Leave
A leave granted pursuant to Rule 9.1 or Rule 9.2 shall relieve any attorney from all trials, hearings, depositions and other legal proceedings in that matter. This rule shall not extend any deadline set by law or the court.
Rule 9.4. Notice of Application for Leave
Any application for leave not filed in substantial compliance with this rule will be denied. Notice shall be provided substantially as on the following form:
To: All Judges, Clerks of Court, and Counsel of Record
From: Name of Attorney
Re: Notice of Leave of Absence
Date: _________________
Comes now (attorney's name) and respectfully notifies all judges before whom he or she has cases pending, all affected clerks of court, and all opposing counsel, that he or she will be on leave pursuant to Georgia Uniform Magistrate Court Rule 9.
_____This leave meets the requirements of Rule 9.1
_____This leave is requested under Rule 9.2
Name of attorney: _______________________________
Bar no.: ______________
Address of attorney: ______________________________
Phone number of attorney: _________________________
CERTIFICATE OF SERVICE
This is to certify that I have this date served a copy of the foregoing Notice of Leave of Absence upon all judges, clerks and opposing counsel listed on the attached Exhibit A, by depositing the same in the U.S. Mail with adequate postage affixed thereto.
This _______ day of ____________________, 20___.
________________________
Name of attorney
| EXHIBIT A | ||
| (Sample) | ||
| Name of Case | Name of Judge | Opposing Counsel |
| Case Number | County/Court | |
| Jones v. Jones | Brown | Name of Attorney____________ |
| 16CR123456 | DeKalb/Superior | Address ___________________ |
| Smith v. Exxon | Black | Name of Attorney____________ |
| 16-T-12345 | Cobb/State | Address ___________________ |
| Schwartz v. Craig & Co. | Grey | Name of Attorney____________ |
| 2016CV123456 | Fulton/Superior | Address ___________________ |
Ga. Unif. R. Mag. Ct. 9