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.

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.

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, the 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.

1.3. Matters of Statewide Concern

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

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.

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.

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.

Amended effective June 7, 1990; October 28, 1993; November 9, 1995; July 15, 2004.

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.

Amended effective 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.

Amended effective October 28, 1993; 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. Recusal/Disqualification of Judge

4.2.1 Motions. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be timely filed in writing and all evidence thereon shall be presented by accompanying affidavit(s) which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than five (5) days after the affiant first learned of the alleged grounds for disqualification, and not later than ten (10) days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.

4.2.2 Affidavit. The affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of extra- judicial conduct or statements, which demonstrate either bias in favor of any adverse party, or prejudice toward the moving party in particular, or a systematic pattern of prejudicial conduct toward persons similarly situated to the moving party, which would influence the judge and impede or prevent impartiality in that action. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings.

4.2.3 Duty of the Trial Judge. When a judge is presented with a motion to recuse, or disqualify, accompanied by an affidavit, the judge shall temporarily cease to act upon the merits of the matter and shall immediately determine the timeliness of the motion and the legal sufficiency of the affidavit, and make a determination, assuming any of the facts alleged in the affidavit to be true, whether recusal would be warranted. If it is found that the motion is timely, the affidavit sufficient and that recusal would be authorized if some or all of the facts set forth in the affidavit are true, another judge shall be assigned to hear the motion to recuse. The allegations of the motion shall stand denied automatically. The judge shall not otherwise oppose the motion.

4.2.4 Procedure upon a Motion for Recusal/Disqualification. The motion shall be assigned to another judge who shall be selected according to the following rules in the order stated:

(a) No judge shall ever select the judge to hear the motion about his or her own recusal;

(b) Subject to the requirement of section (a) the selection of the judge to hear the motion shall be made by:

(1) A random, impartial selection process, if available in the county; otherwise

(2) The chief judge of the county;

(3) Another judge of the county beginning with the most senior in terms of service as a judge;

(4) If the above fails to provide a judge able to hear the matter, a request for assistance shall be made to the District Administrative judge as provided for in OCGA § 15-1-9.1.

a. A District Representative to the Executive Committee of the Council of Magistrate Court Judges representing the county, beginning with the most senior in terms of service on the Executive Committee, may prepare the request...

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