Ga. Unif. R. Mag. Ct. 38

As amended through October 9, 2024
Rule 38 - Motions and Request for Relief Under the Civil Practice Act

Motions should not normally be granted without a hearing, except as allowed by law or magistrate court rule, unless a hearing is waived by the opposite party. Motions regarding preliminary or perfunctory matters, including, but not limited to, transfer or appointment of process servers, shall not require a hearing. Hearings may be set to be heard at the time of trial or separately specially set in the discretion of the court.

No party or attorney shall be required to respond to a motion, including a request for relief under the Civil Practice Act (OCGA § 9-11-1 et seq.) unless otherwise directed by the court. Where a party contends that the grant or denial of the motion may require postponement of the hearing on the merits, the motion should so state. Parties wishing to oppose a motion or request a hearing should do so promptly.

Parties and attorneys are reminded that the Civil Practice Act does not govern proceedings in magistrate court. Except as otherwise provided in these rules, any request for relief under that Act will be considered under the standards of Howe v. Roberts, 259 Ga. 617 (1989).

No leave of court is required to file a suggestion, on the record, of death of a party.

Ga. Unif. R. Mag. Ct. 38

Adopted effective October 28, 1993; amended April 13, 2017, effective May 11, 2017.