Bl Uniform Rules For The Magistrate Courts

Bl. UNIFORM RULES FOR THE MAGISTRATE COURTS

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

Rule 1. Preamble.

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

Editor's notes. - This preamble was added effective June 10, 2004.

1.1. Repeal of local rules

All local rules of the magistrate courts shall expire effective January 1, 1996. If any magistrate court by action of its chief magistrate 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 January 1, 1996, shall remain in effect after that date. Rules timely resubmitted shall remain in effect until action by the Supreme Court.

Editor's notes. - This rule was amended effective November 9, 1995.

1.2. Authority to enact local rules which deviate from the Uniform Magistrate Court Rules

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

(B) Each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the Uniform Magistrate Court Rules, provided such proposals are not inconsistent with general laws, these Uniform Magistrate 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 Magistrate Court Rules be restricted in scope.

(C) Notwithstanding the expiration of previously approved local rules January 1, 1996, 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 Magistrate Court Rules, are defined as rules which relate to case management, administration, and operation of the court or govern programs which relate to filing costs in civil actions, costs in criminal matters, case management, administration, and operation of the court.

(D) Notwithstanding these uniform rules, a chief magistrate may promulgate 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 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.

(E) Rules which are approved as deviations from the Uniform Magistrate 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 magistrate court for the county where the rules are effective. Any amendments to deviations from the Uniform Magistrate Court Rules or to internal operating procedures must be published and made available through each magistrate court clerk's office within 15 days of the effective date of the amendment or change.

(F) 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.

Editor's notes. - This rule was amended effective November 9, 1995.

1.3. Matters of statewide concern

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

Editor's notes. - This rule was amended effective November 9, 1995.

1.4. 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.

Editor's notes. - This rule was amended effective November 9, 1995.

1.5. Amendments

The Council of Magistrate 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 shall receive notice of the proposed changes and additions and be given the opportunity to comment.

Editor's notes. - This rule was amended effective November 9, 1995.

1.6. 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.

Editor's notes. - This rule was amended effective November 9, 1995.

Rule 2. Definitions.

2.1. Judge

The word "judge" as used in these rules refers to any person serving or acting as either a chief magistrate or magistrate in the Magistrate Courts of Georgia.

2.2. Clerk

The word "clerk" as used in these rules refers to the person designated as the clerk and to other members of the staff serving as deputy clerks. The chief magistrate may designate deputy clerks who shall have the same authority as the clerk.

2.3. Party(ies)

The word "party" or "parties" as used in these rules shall include law enforcement officers participating in criminal proceedings and attorney(s) of record unless the context clearly indicates otherwise.

2.4. Pronouns

Repealed October 28, 1993.

Rule 3. Hours of court operation.

The hours of court operation shall be set by the chief magistrate of each court and shall be recorded with the clerk of the magistrate court. Such information shall include the following:

(1) Normal hours and location of court.

(2) Emergency after-hours availability of judges and the names of such judges.

(3) Holidays during which the court will be closed and a plan for the availability of judges on such days.

(4) Days on which the court holds civil and criminal hearings (if not handled on the same day), and the times and locations of such hearing.

Editor's notes. - This rule was amended effective November 9, 1995.

Rule 4. Assignment of Cases.

4.1. Case assignment

If the caseload is such, the chief magistrate shall assign cases among the magistrates.

4.2. Disqualification of judge

If any judge is disqualified by law or judicial requirements from the hearing of any case or other matter, such case or matter shall be referred to the chief magistrate for assignment or disposition.

4.3. Disqualification of chief magistrate

If the chief magistrate is the judge disqualified, such case(s) shall be referred in rotation among the other magistrates in the county. The chief magistrate may provide by general order for the method of rotation and for selection of a court from which to request judicial assistance when all magistrates in a county are disqualified. Such general order shall apply only to cases where the disqualification arises after the date of the general order.

Rule 5. Dockets.

5.1. Docket categories

Each magistrate court shall keep a docket for criminal and search warrants, and a separate docket for all civil actions.

5.2. Time of docketing

Actions shall be entered by the clerk, deputy clerk, or magistrate in the proper docket immediately or within a reasonable period after being received in the clerk's office.

Rule 6. Withdrawal ofpapers from magistrate court.

A. General Provisions: No original papers may be withdrawn from the magistrate court.

B. Civil Cases: Copies of documents in civil cases may be obtained upon payment of costs to the clerk.

C. Criminal Cases: Copies of documents in criminal cases may be provided, however, the court may, at its discretion, remove from said copies information concerning the location addresses, phone numbers, and similar information, the disclosure of which would violate the Victim's Protection Act (OCGA § 17-17-10) or would expose alleged witnesses or victims of crimes to danger of assault and/or intimidation by criminal defendants, or their agents. Names of confidential informants of police officers shall not be released, except after court order requiring such release, which may only issue following motion and in camera review by the trial court under guidelines set out in statutory and case law.

D. Order to Limit Access: Upon motion by any party to any civil action, after hearing, and for good cause shown, the court may limit access to court files respecting that action. The order of limitation shall specify the part of the file to which access is limited, the nature and duration of the limitation, and the reason for limitation.

An order limiting access shall not be granted except upon a finding that the harm otherwise resulting to the privacy of a person in interest clearly outweighs the public interest. Under compelling circumstances, a motion for temporary limitation of access, not to exceed 30 days, may be granted, ex parte, upon motion accompanied by supporting affidavit.Upon notice to all parties of record and...