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Re-Post (7/17/11 on Leaves of Absence for Georgia Attorneys)

by merlin on September 18th, 2014
  • Sumo

The below post was originally put on this site three years ago, and my class reunion mentioned therein happened, but I could not go.  Nevertheless, I have upcoming conflicts, and updated the Uniform Superior Court Rule (16.1) to reflect the most recent text.  I have a few upcoming conflicts that I do not want to interfere with my trial schedule, and the refresher is useful.  The re-post follows, with the exception of the updated Court Rule:

“I AM AWARE OF THE FORMATTING FLAWS ON THIS – LEARNING HOW TO FIX THEM!!!!!

Apologies are necessary for the extraordinarily long hiatus between new posts on this site. This is not because of lack of new information that could be written about, and is certainly not because of any lack of information that should be written about. However, a powerful lack of motivation to accomplish the necessary tasks of office administration – resulting in doing the “bare minimum” required to get just enough done to meet obligations as they arise – coupled with an overwhelming amount of deadlines coinciding together in the past week, has caused publication of new material to be put on hold temporarily.  If it makes any difference, there have been substantial personal distractions that interfered with the orderly administration of a smoothly-functioning law office in the past week, but that isn’t much of an excuse.

The other day, I mentioned to a client that I am compiling a list of judges, opposing counsel, and Courts for each case.  In part, I’m doing this to “take stock” of my current caseload, but I’m also doing this because my ten-year law school reunion in New Orleans happens in October, and I have certain legal requirements I have to comply with to allow for time away from the practice of law for this.  The Superior Courts of Georgia provide for Leaves of Absence in the Court Rules, and I have (heavily) excerpted the pertinent rules for leaves of absence of less than thirty days below.  I have done this because of the ignorance of the general public about the fact that attorneys have certain rules they must comply with, and because I have seen various attorneys also fail to comply with these, themselves (to the detriment of their clients, often causing incarceration of the unwary, or worse), and I want to remedy any ignorance that people might have.

Rule 16. LEAVES OF ABSENCE
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

(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 (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, 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 (2) calendar years; thereafter, the notices may be discarded

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