Ga. Unif. R. Mag. Ct. 9

As amended through October 9, 2024
Rule 9 - Leaves of Absence

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) a list of the actions to be protected, including the action numbers;
(B) the reason for the leave of absence; and
(C) 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 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:

(A) a list of the actions to be protected, including the action numbers;
(B) the reason for the leave of absence; and
(C) the duration of the requested leave of absence.

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

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: __________________.
2. All affected judges and opposing counsel shall have ten days from the date of this Notice to object to it. Leaves with objections pursuant to Rule 9.1 and all leaves pursuant to Rule 9.2 require an Order from the Court, and it is the duty of the party requesting the leave to arrange a conference, if any party requests a conference, and obtain a written order granting the leave.

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 CaseName of JudgeOpposing Counsel
Case NumberCounty/Court
Jones v. JonesBrownName of Attorney____________
16CR123456DeKalb/SuperiorAddress ___________________
Smith v. ExxonBlackName of Attorney____________
16-T-12345Cobb/StateAddress ___________________
Schwartz v. Craig & Co.GreyName of Attorney____________
2016CV123456Fulton/SuperiorAddress ___________________

Ga. Unif. R. Mag. Ct. 9

Amended effective October 28, 1993; amended February 4, 2016, effective March 3, 2016.