Ga. R. Prob. Ct. 6.9

As amended through October 9, 2024
Rule 6.9 - Leaves of absence
(A) Leaves for thirty (30) calendar days or less.

An attorney of record shall be entitled to a leave of absence for thirty (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 at least thirty (30) calendar days prior to the effective date for the proposed leave, a written notice containing:

1. A list of the actions to be protected, including the action numbers;
2. The reason for the leave of absence; and
3. The duration of the requested leave of absence.

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 (10) days with the clerk, with a copy to the court and all counsel of record, or 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 shall retain leave of absence notices in a chronological file sixty (60) days after the leave period; thereafter, the notices may be discarded.

(B) Leaves for more than thirty (30) calendar days or those either on a published calendar, noticed for a hearing, or not meeting the time requirements of Rule 6.9(A).

Application for leaves of absence for more than thirty (30) days, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in Rule 6.9(A) above, must be in writing, filed with the clerk, and served upon opposing counsel at least ten (10) days prior to submission to the appropriate judge of the court in which an action pends. 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:

1. A list of the actions to be protected, including the action numbers;
2. The reason for the leave of absence;
3. The duration of the requested leave of absence; and
4. Whether any hearings or trials have been scheduled and, if so, the date of said hearing or trial.
(C) Excusal from court appearances.

A leave when granted shall relieve any attorney from all trials, hearings, depositions, and other legal appearances in that matter.

This rule shall not extend any deadline set by law or the court.

Ga. R. Prob. Ct. 6.9