Rule 1. Preamble.

Rule 1.1. Repeal of local rules.

Rule 1.2. Authority to enact rules which deviate from the Uniform Superior Court Rules.

Rule 1.3. Repeal of earlier "Rules of the Superior Court."

Rule 1.4. Matters of statewide concern.

Rule 1.5. Deviation.

Rule 1.6. Amendments.

Rule 1.7. Publication of rules and amendments.

Pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, and in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions, these rules are promulgated. 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 1.1. Repeal of local rules.

All local rules of the superior courts except those relating to drawing of jurors by mechanical or electronic means pursuant to O.C.G.A. § 15-12-40 (b) and 15-12-42 (b) et seq. shall expire effective December 31, 1994. If any superior court by action of its judges (or failing this, by action of its chief judge) proposes to prevent any local rule from expiring pursuant to Rule 1.1 then a proposal to prevent the local rule from expiring must be presented to the Supreme Court for approval 30 days prior to the expiration date as stated in Rule 1.1. only those rules reapproved by the Supreme Court on or after December 31, 1994, shall remain in effect after that date. Rules timely resubmitted shall remain in effect until action by the Supreme Court.

Rule 1.2. Authority to enact rules which deviate from the Uniform Superior Court Rules.

A) The term "local rules" will no longer be used in the context of the Uniform Superior Court Rules.

B) Each superior court by action of a majority of its judges (or failing this, by action of its chief judge), from time to time, may propose to make and amend rules which deviate from the Uniform Superior Court Rules provided such proposals are not inconsistent with the Georgia Civil Practice Act, general laws, these Uniform Superior Court Rules, or any directive of the Supreme Court of Georgia. Any such proposals shall be filed with the clerk of the Supreme Court; proposals so submitted shall take effect 30 days after approval by the Supreme Court. It is the intendment of these rules that rules which deviate from the Uniform Superior Court Rules be restricted in scope.

C) Notwithstanding the expiration of previously approved local rules December 31, 1994 courts may continue to promulgate rules which relate only to internal procedure and do not affect the rights of any party substantially or materially, either to unreasonably delay or deny such rights. These rules, which will be designated "internal operating procedures," do not require the approval of the Supreme Court. "Internal operating procedures," as used in these Uniform Superior Court Rules, are defined as rules which relate to case management, administration, and operation of the court or govern programs which relate to case management, administration, and operation of the court.

D) The above provisions notwithstanding, each superior court may retain or adopt without specific Supreme Court approval a local rule relating to drawing of jurors by mechanical or electronic means pursuant to O.C.G.A. §§ 15-12-40(b) and 15-12- 42(b) et seq. and an order establishing guidelines governing excuses from jury duty pursuant to O.C.G.A. § 15-12-10.

E) Notwithstanding these uniform rules, a majority of judges in a circuit may adopt experimental rules applicable to pilot projects, upon approval of the Supreme Court, adequately advertised to the local bar, with copies to the State Bar of Georgia, not to exceed a period of one year, subject to extension for one additional year upon approval of the circuit judges and the Supreme Court. At the end of the second year, any such pilot projects will either be approved by the Supreme Court or will be allowed to sunset. Programs developed under the Alternative Dispute Resolution Rules of the Supreme Court will be approved by the Georgia Commission on Dispute Resolution before attaining permanent status under these rules.

F) Rules which are approved as deviations from the Uniform Superior Court Rules and internal operating procedures of courts shall be published by the judicial circuit in which the rules are effective. Copies must be made available through the clerk of the superior court of each county in the judicial circuit where the rules are effective. Any amendments to deviations from the Uniform Superior Court Rules or to internal operating procedures must be published and made available through each superior court clerks office within 15 days of the effective date of the amendment or change.

G) Internal operating procedures effective in any court must be filed with the Supreme Court even though Supreme Court approval is not needed for these rules.

Rule 1.3. Repeal of earlier "Rules of the Superior Court."

Each of the "Rules of the Superior Court" set out in (former) Ga. Code Ann. § 24 3301 through 24 3389, inclusive, not earlier repealed is hereby expressly repealed.

Rule 1.4. Matters of statewide concern.

The following rules, to be known as "Uniform Superior Court Rules," are to be given statewide application.

Rule 1.5. Deviation.

These rules are not subject to local deviation except as provided herein. A specific rule may be superseded in a specific action or case or by an order of the court entered in such case explaining the necessity for deviation and served upon the attorneys in the case.

Rule 1.6. Amendments.

The Council of Superior Court Judges shall have a permanent committee to recommend to the Supreme Court such changes and additions to these rules as may from time to time appear necessary or desirable.

The State Bar of Georgia and the Uniform Rules committee chairpersons for the other classes of courts shall receive notice of the proposed changes and additions and be given the opportunity to comment.

Rule 1.7. Publication of rules and amendments.

These rules and any amendments to these rules shall be published in the advance sheets to the Georgia Reports. Unless otherwise provided, the effective date of any amendment to these rules is the date of publication in the advance sheets to the Georgia Reports.