Georgia Judicial Branch :: Uniform Superior Court Rules

Rule 16. Leaves of absence.

Rule 16.1. Leaves for Thirty (30) Calendar Days or Less.

Rule 16.2. 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 16.1 above.

Rule 16.3. A 16.1 or 16.2 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.

Rule 16.4. Any application for leave not filed in conformance with this rule will be denied. Notice shall be provided substantially as on the attached form.

Rule 16.1. Leaves for Thirty (30) Calendar Days or Less.

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

(a) a list of the actions to be protected, including the action numbers;

(b) the reason for leave of absence; and

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 of the court, with a copy to the court and all counsel of record, or the court responds denying the leave of absence, 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 for two (2) calendar years; thereafter, the notices may be discarded.

Rule 16.2. 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 16.1 above.

Application for leave of absence for more than thirty (30) calendar days, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in 16.1 above, must be in writing, filed with the clerk of the court, and served upon opposing counsel at least 10 days prior to submission to the appropriate judge of the court in which the 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:

(a) a list of the actions to be protected, including the action number;

(b) the reason for leave of absence; and

Rule 16.3. A 16.1 or 16.2 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.

Rule 16.4. Any application for leave not filed in conformance with this rule will be denied. Notice shall be provided substantially as on the attached form.

To: All Judges, Clerks of Court, and Counsel of Record

From: Name of Attorney

RE: Notice of Leave of Absence

Date:

Comes now (attorneys name) and respectfully notifies all judges before whom s/he has cases pending, all affected clerks of court, and all opposing counsel, that s/he will be on leave pursuant to Georgia Uniform Court Rule 16.

1. The period of leave during which time Applicant will be away from the practice of law, is: (dates of leave). The purpose of the leave is: (dates of leave). The purpose of the leave is

2. All affected judges and opposing counsel shall have ten days from the date of this Notice to object to it. If no objections are filed, the leave shall be granted.

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 ____________________, ____.

________________________

Name of attorney

EXHIBIT A

(Sample)

Name of Case Name of Judge Opposing Counsel

Case Number Court/County

Jones v. Jones Brown opp. atty. A

98 3333 DeKalb/Superior (address)

Smith v. Exxon Black opp. atty. B

97A 454545 Cobb/State (address)

Schwartz v. Craig & Co. Grey opp. atty. C

E 6789 Fulton/Superior (address)