GEORGIA COURT RULES AND RULES OF PROFESSIONAL CONDUCT Source: Georgia Prisoners' Speak (gps.press) Generated: 2026-09-03T04:28:23Z Entries: 327 Uniform Superior Court Rules, the Code of Judicial Conduct, and the Rules of Professional Conduct. These are COURT RULES promulgated by the Supreme Court of Georgia — they are NOT part of the O.C.G.A. and must not be cited as Code sections. Rule text and official comments only. ======================================================================== CITATION: USCR 1 TITLE: PREAMBLE CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1/ TEXT: USCR 1. PREAMBLE Pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, and in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions, these rules are promulgated. 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. It is the intention of these rules and the policy of this State that these rules prevail over local practices and procedures and shall be in force uniformly throughout the State. Amended effective September 19, 1986; October 7, 2010. --- CITATION: USCR 1.1 TITLE: Repeal of Local Rules CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.1/ TEXT: USCR 1.1. Repeal of Local Rules All local rules, internal operating procedures and experimental rules of the superior courts shall expire effective December 31, 2010. Amended effective May 5, 1994; October 7, 2010; May 23, 2013. --- CITATION: USCR 1.2 TITLE: Authority to Enact Rules Which Deviate From the Uniform Superior Court Rules CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.2/ TEXT: USCR 1.2. Authority to Enact Rules Which Deviate From the Uniform Superior Court Rules (A) The terms “local rules,” “internal operating procedures” and “experimental rules” will no longer be used in the context of the Uniform Superior Court Rules. Any deviation from these rules is disallowed. (B) Notwithstanding the expiration of local rules, internal operating procedures and experimental rules on December 31, 2010, courts may continue to maintain practices and standing orders to regulate the internal processes of the court in matters which are not susceptible to uniformity, which relate only to internal procedure and which do not affect the rights of any party substantially or materially, either to unreasonably delay or deny such rights. Such internal processes include but are not limited to case management, court administration, case assignment, traverse and grand jury management, court-annexed alternative dispute resolution programs (which are subject to approval by the Georgia Commission on Dispute Resolution), specialty courts, indigent defense programs, court security, emergency planning, judicial assistance requests, appointments of chief judges, law libraries, and other similar matters. The Clerk of Court shall maintain the originals of such standing orders and provide copies of them, upon request. (C) The above provisions notwithstanding, each superior court may retain or adopt an order establishing guidelines governing excuses from jury duty pursuant to OCGA § 15-12-10. 1 (D) Notwithstanding these uniform rules, a majority of judges in a circuit may adopt 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 circuit judges and 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) Notwithstanding the expiration of all local rules, internal operating procedures and experimental rules, effective December 31, 2010, courts may promulgate standing orders as to matters not addressed by these uniform rules and which are not inconsistent with a uniform rule only if actual notice of such order is provided to all parties. Such orders include, but are not limited to, orders to attend educational seminars contemplated by Uniform Superior Court Rule 24.8, orders governing or mandating alternative dispute resolution, orders governing payments into the registry of the court, orders governing electronic filing, and similar matters. “Actual notice” shall be deemed to have been satisfied by providing copies of such orders to attorneys and pro se litigants, service by a party upon opposing parties and publicized dissemination in such locations as the offices of the clerks of court, law libraries, legal aid societies and public libraries. Mere filing of standing orders and posting in prominent places in the courthouse shall not suffice as actual notice. (F) No person shall be denied access to the court nor be prejudiced in any way for failure to comply with a standing order of which the person does not have actual notice. Amended effective May 5, 1994; April 3, 1998, October 7, 2010; May 23, 2013. --- CITATION: USCR 1.3 TITLE: Repeal of Earlier "Rules of the Superior Court" CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.3/ TEXT: USCR 1.3. Repeal of Earlier "Rules of the Superior Court" Each of the "Rules of the Superior Court" set out in (former) Ga. Code Ann. §§ 24-3301 through 24-3389, inclusive, not earlier repealed is hereby expressly repealed. --- CITATION: USCR 1.4 TITLE: Matters of Statewide Concern CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.4/ TEXT: USCR 1.4. Matters of Statewide Concern The following rules, to be known as "Uniform Superior Court Rules," are to be given statewide application. --- CITATION: USCR 1.5 TITLE: Deviation CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.5/ TEXT: USCR 1.5. Deviation These rules are not subject to local deviation. 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. Nothing herein is intended to prevent the courts from adopting standing orders regarding matters not addressed in these rules so long as they do not conflict with these rules. Amended effective October 7, 2010. 2 --- CITATION: USCR 1.6 TITLE: Amendments CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.6/ TEXT: USCR 1.6. Amendments The Council of Superior 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 and the Uniform Rules committee chairpersons for the other classes of courts shall receive notice of the proposed changes and additions and be given the opportunity to comment. Amended effective March 9, 1989. --- CITATION: USCR 1.7 TITLE: Publication of Rules and Amendments CHAPTER: Uniform Superior Court Rules — Rule 1: Preamble EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/1.7/ TEXT: USCR 1.7. 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. --- CITATION: USCR 2.1 TITLE: Attorney CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.1/ TEXT: USCR 2.1. Attorney The word "attorney" as used in these rules refers to any person admitted to practice in the superior courts of Georgia, and to any person who is permitted, in accordance with law, to represent a party in an action pending in a superior court of the State of Georgia, and to any person proceeding pro se in an action pending in a superior court of this state. The word "attorney" is synonymous with "counsel" in these rules. Amended effective October 9, 1997. --- CITATION: USCR 2.2 TITLE: Judge CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.2/ TEXT: USCR 2.2. Judge The word "judge" as used in these rules refers to any of the several active judges of the superior courts of Georgia, and to any senior or other judge authorized to serve as a judge of a superior court of this state. --- CITATION: USCR 2.3 TITLE: Clerk CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.3/ TEXT: USCR 2.3. Clerk The word "clerk" as used in these rules refers to the clerk of any of the several superior courts in this state and to the staff members serving as deputy clerks. Amended effective October 9, 1997. --- CITATION: USCR 2.4 TITLE: Calendar Clerk CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.4/ TEXT: USCR 2.4. Calendar Clerk The term "calendar clerk" as used in these rules refers to that person who is charged with the responsibility of setting and scheduling all hearings and trials in actions assigned to a particular 3 judge. Each calendar clerk carries out those duties under the supervision of the assigned judge, or the designee of that judge. Amended effective October 9, 1997. --- CITATION: USCR 2.5 TITLE: Assigned Judge CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.5/ TEXT: USCR 2.5. Assigned Judge The term "assigned judge" as used in these rules refers to the judge to whom an action is assigned in accordance with these rules; or, if the context permits, in circuits having a general calendaring system, to the trial judge responsible for the matter at any particular time. Amended effective October 7, 2010. --- CITATION: USCR 2.6 TITLE: Filing CHAPTER: Uniform Superior Court Rules — Rule 2 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/2.6/ TEXT: USCR 2.6. Filing Unless otherwise provided by law, the term “filing” as used in these rules includes any submission to a clerk of court either in paper or electronic form. Electronic filing is governed by Rule 36.16. Adopted effective August 30, 2018. --- CITATION: USCR 3.1 TITLE: Method of Assignment CHAPTER: Uniform Superior Court Rules — Rule 3 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/3.1/ TEXT: USCR 3.1. Method of Assignment In multi-judge circuits, unless a majority of the judges in a circuit elect to adopt a different system, all actions, civil and criminal, shall be assigned by the clerk of each superior court according to a plan approved by such judges to the end that each judge is allocated an equal number of cases. The clerk shall have no power or discretion in determining the judge to whom any case is assigned; the clerk’s duties are ministerial only in this respect and the clerk’s responsibility is to carry out the method of assignment established by the judges. The assignment system is designed to prevent any persons choosing the judge to whom an action is to be assigned; all persons are directed to refrain from attempting to affect such assignment in any way. If the order or the timing of filing is a factor in determining case assignment, neither the clerk nor any member of the clerk’s staff shall disclose to any person the judge to whom a case is or will be assigned until such time as the case is in fact filed and assigned. Amended effective October 9, 1997; October 26, 2006. --- CITATION: USCR 3.2 TITLE: Companion and Related Actions CHAPTER: Uniform Superior Court Rules — Rule 3 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/3.2/ TEXT: USCR 3.2. Companion and Related Actions When practical, all actions involving substantially the same parties, or substantially the same subject matter, or substantially the same factual issues, whether pending simultaneously or not, shall be assigned to the same judge. Whenever such action is refiled, or a derivative or companion action is filed or refiled, or a defendant is reindicted on a previous charge, or is indicted on a subsequent charge while still under charges or serving a confinement or probated sentence on a previous action, or co-defendants are indicted separately, such actions shall be assigned to the judge to whom the original action was or is assigned. Generally, such actions will be assigned to the judge to whom the action with the lower action number is assigned. 4 --- CITATION: USCR 3.3 TITLE: Exclusive Control; Transfer of Case Assignment to Another Judge CHAPTER: Uniform Superior Court Rules — Rule 3 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/3.3/ TEXT: USCR 3.3. Exclusive Control; Transfer of Case Assignment to Another Judge (A) The judge to whom any action is assigned shall have exclusive control of such action, except as provided in these rules, and no person shall change any assignment except by written order of the judge affected and as provided in these rules. In this regard an assigned judge may transfer an assigned action to another judge with the latter’s consent in which event the latter becomes the assigned judge. (B) A judge shall not transfer an action to another judge when the transferring judge has knowledge of any fact that requires remittal of recusal or recusal of the transferring judge under --- CITATION: USCR 25 TITLE: of these rules CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25/ TEXT: USCR 25. of these rules Amended effective March 9, 1989; February 25, 2021. --- CITATION: USCR 3.4 TITLE: Local Authority CHAPTER: Uniform Superior Court Rules — Rule 3 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/3.4/ TEXT: USCR 3.4. Local Authority The method of assignment and the procedures necessary for an orderly transition from one calendaring system to another shall be established by each multi-judge circuit. All such systems shall be adequately published to the local bar; copies shall be filed with the respective clerk(s) and with the Supreme Court of Georgia. Amended effective October 7, 2010. --- CITATION: USCR 4.1 TITLE: Prohibition on Ex Parte Communications CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.1/ TEXT: USCR 4.1. Prohibition on Ex Parte Communications Except as authorized by law or by rule, judges shall neither initiate nor consider ex parte communications by interested parties or their attorneys concerning a pending or impending proceeding. --- CITATION: USCR 4.2 TITLE: Entry of Appearance and Pleadings CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.2/ TEXT: USCR 4.2. Entry of Appearance and Pleadings No attorney shall appear in that capacity before a superior court until the attorney has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance and all pleadings shall state: (1) the style and number of the case; (2) the identity of the party for whom the appearance is made; and (3) the name, assigned state bar number, current office address, telephone number, fax number, and e-mail address of the attorney (the attorney’s e-mail address shall be the e-mail address registered with the State Bar of Georgia). The filing of any pleading shall contain the information required by this paragraph and shall constitute an appearance by the person(s) signing such pleading, unless otherwise specified by the court. The filing of a signed entry of appearance alone shall not be a substitute for the filing of an answer or any other required pleading. The filing of an indictment or accusation shall constitute an entry of appearance by the district attorney. 5 Any attorney who has been admitted to practice in this state but who fails to maintain active membership in good standing in the State Bar of Georgia and who makes or files any appearance or pleading in a superior court of this state while not in good standing shall be subject to the contempt powers of the court. Within forty-eight hours after being retained, an attorney shall mail to the court and opposing counsel or file with the court the entry of his appearance in the pending matter. Failure to timely file shall not prohibit the appearance and representation by said counsel. Amended effective March 9, 1989; May 26, 1994; May 5, 2011. --- CITATION: USCR 4.3 TITLE: Withdrawal CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.3/ TEXT: USCR 4.3. Withdrawal 1) An attorney appearing of record in any matter pending in any superior court, who wishes to withdraw as counsel for any party, shall submit a written request to an appropriate judge of the court for an order permitting such withdrawal. The request shall state that the attorney has given written notice to the affected client setting forth the attorney’s intent to withdraw, that 10 days have expired since notice, and there has been no objection, or that withdrawal is with the client’s consent. The request will be granted unless in the judge’s discretion to do so would delay the trial or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. (2) The attorney requesting an order permitting withdrawal shall give notice to opposing counsel and shall file with the clerk and serve upon the client, personally or at that client’s last known mailing and electronic addresses, the notice which shall contain at least the following information: (A) the attorney wishes to withdraw; (B) the court retains jurisdiction of the action; (C) the client has the burden of keeping the court informed where notices, pleadings or other papers may be served; (D) the client has the obligation to prepare for trial or hire new counsel to prepare for trial, when the trial date has been scheduled and to conduct and respond to discovery or motions in the case; (E) if the client fails or refuses to meet these burdens, the client may suffer adverse consequences, including, in criminal cases, bond forfeiture and arrest; (F) dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel; (G) service of notices may be made upon the client at the client’s last known mailing address; (H) if the client is a corporation, that a corporation may only be represented in court by an attorney, that an attorney must sign all pleadings submitted to the court, and that a corporate officer may not represent the corporation in court unless that officer is also an attorney licensed to practice law in the state of Georgia or is otherwise allowed by law; and 6 (I) unless the withdrawal is with the client’s consent, the client’s right to object within 10 days of the date of the notice, and provide with specificity when the 10th day will occur. The attorney requesting to withdraw shall prepare a written notification certificate stating that the notification requirements have been met, the manner by which notification was given to the client and the client’s last known mailing and electronic addresses and telephone number. The notification certificate shall be filed with the court and a copy mailed to the client and all other parties. Additionally, the attorney seeking withdrawal shall provide a copy to the client by the most expedient means available due to the strict 10-day time restraint, i.e., e-mail, hand delivery, or overnight mail. After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal; thereafter all notices or other papers shall be served on the party directly by mail at the last known mailing address of the party until new counsel enters an appearance. (3) When an attorney has already filed an entry of appearance and the client wishes to substitute counsel, it will not be necessary for the former attorney to comply with rule 4.3 (1) and (2). Instead, the new attorney may file with the clerk of court a notice of substitution of counsel signed by the party and the new attorney. The notice shall contain the style of the case and the name, address, phone number and bar number of the substitute attorney. The new attorney shall serve a copy of the notice on the former attorney, opposing counsel or party if unrepresented, and the assigned judge. No other or further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case. The notice may be in substantially the following form: 7 IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA SAM SPADE, ) ) Plaintiff, ) ) CIVIL ACTION v. ) ) FILE NO. 20-CV-0000 DAVID ROBICHEAUX, ) ) Defendant. ) NOTICE OF SUBSTITUTION OF COUNSEL Please substitute (name of substitute counsel) as counsel for (name of party) in this case. Substitute counsel’s address, phone number and bar number are as follows: ____. All further pleadings, orders and notices should be sent to substitute counsel. This ____ day of ____, ____. signature signature Name of new attorney Name of party Address Address Phone number Phone number State Bar # CERTIFICATE OF SERVICE Certificate of service on: former counsel, opposing counsel or party, assigned judge. 8 Amended effective October 9, 1997; amended November 4, 1999, effective December 16, 1999; amended May 15, 2014. --- CITATION: USCR 4.4 TITLE: Admission Pro Hac Vice CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.4/ TEXT: USCR 4.4. Admission Pro Hac Vice A. Definitions 1.a. A "Domestic Lawyer" is a person not admitted to practice law in this state but who is admitted in another state or territory of the United States or the District of Columbia and not disbarred or suspended from practice in any jurisdiction. b. A "Foreign Lawyer" is a person authorized to practice law by the duly constituted and authorized governmental body of any foreign nation but not authorized by the Supreme Court of Georgia or its Rules to practice law in the State of Georgia and is not suspended from practice in any domestic or foreign jurisdiction. 2. A Domestic Lawyer or Foreign Lawyer is "eligible" for admission pro hac vice if that lawyer: a. lawfully practices solely on behalf of the lawyer’s employer and its commonly owned organizational affiliates, regardless of where such lawyer may reside or work; or b. neither resides nor is regularly employed at an office in this state; or c. resides in this state but (i) lawfully practices from offices in one or more other states and (ii) practices no more than temporarily in this state, whether pursuant to admission pro hac vice or in other lawful ways and, in the case of a Foreign Lawyer, is and remains in the United States in lawful immigration status. 3. A "client" is a person or entity for whom the Domestic Lawyer or Foreign Lawyer has rendered services or by whom the lawyer has been retained prior to the lawyer's performance of services in this state. 4. "This state" refers to Georgia. This rule does not govern proceedings before a federal court or federal agency located in this state unless that body adopts or incorporates this rule. B. Authority of Court To Permit Appearance By Domestic Lawyer or Foreign Lawyer in Court Proceeding. A court of this state may, in its discretion, admit an eligible Domestic Lawyer or Foreign Lawyer retained to appear in a particular proceeding pending before such court to appear pro hac vice as counsel in that proceeding. C. In-State Lawyer’s Duties. When a Domestic Lawyer or Foreign Lawyer appears for a client in a proceeding pending in this state, either in the role of co-counsel of record with the in-state lawyer, or in an advisory or consultative role, the in-state lawyer who is co-counsel or counsel of record for that client in the proceeding remains responsible to the client and responsible for the conduct of the proceeding before the court or agency. It is the duty of the in-state lawyer to advise the client of the in-state lawyer’s independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Domestic Lawyer or Foreign Lawyer. D. Application Procedure 1. Verified Application. An eligible Domestic Lawyer or Foreign Lawyer seeking to appear in a proceeding pending in this state as counsel pro hac vice shall file a verified application with the court where the litigation is filed. The application shall be served on all parties who have appeared in the case and the Office of General Counsel of the State Bar of Georgia. The application shall include proof of service. The court has the discretion to grant or deny the application summarily if there is no opposition. 2. Objection to Application. The Office of General Counsel of the State Bar of Georgia or a party to the proceeding may file an objection to the application or seek the court’s imposition of conditions to its being granted. The Office of General Counsel or objecting party must file with 9 its objection information establishing a factual basis for the objection. The Office of General Counsel or objecting party may seek denial of the application or modification of it. If the application has already been granted, the Office of General Counsel or objecting party may move that the pro hac vice admission be withdrawn. 3. Standard for Admission and Revocation of Admission. The court has discretion as to whether to grant applications for admission pro hac vice and to set the terms and conditions of such admission. An application ordinarily should be granted unless the court or agency finds reason to believe that such admission: a. may be detrimental to the prompt, fair and efficient administration of justice, b. may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent, c. one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk, d. the applicant has engaged in such frequent appearances as to constitute regular practice in this state, or e. should be denied, if that applicant had, prior to the application, filed or appeared in an action in the courts of this State without having secured approval pursuant to the Uniform Superior Court Rules. 4. Revocation of Admission. Admission to appear as counsel pro hac vice in a proceeding may be revoked for any of the reasons listed in Rule 4.4 D.3 above. E. Application 1. Required Information. An application shall state the information listed in Appendix A to this rule. The applicant may also include any other matters supporting admission pro hac vice. 2. Application Fee. An applicant for permission to appear as counsel pro hac vice under this rule shall pay a non-refundable fee of $75 for each application for pro hac vice admission to any Superior Court payable to the State Bar of Georgia at the time of filing the application. 3. Annual Fee. Any Domestic Lawyer or Foreign Lawyer who has been granted admission pro hac vice before any court of this State shall pay an annual fee of $200, regardless of the number of pro hac vice admissions, upon the first such admission, and on or before January 15 for each calendar year thereafter for so long as the Domestic Lawyer or Foreign Lawyer is admitted pro hac vice before any court of this State. The annual fee shall be payable to the State Bar of Georgia. 4. Exemption for Pro Bono Representation. An applicant shall not be required to pay the fee established by Rule 4.4 E.2 and E.3 above if the applicant will not charge an attorney fee to the client(s) and is: a. employed or associated with a pro bono project or nonprofit legal services organization in a civil case involving the client(s) of such programs; or b. involved in a criminal case or a habeas proceeding for an indigent defendant. F. Authority of the Office of General Counsel of the State Bar of Georgia and Court: Application of Ethical Rules, Discipline, Contempt, and Sanctions 1. Authority over Domestic Lawyer or Foreign Lawyer and Applicant. a. During pendency of an application for admission pro hac vice and upon the granting of such application, a Domestic Lawyer or Foreign Lawyer submits to the authority of the courts and the Office of General Counsel of the State Bar of Georgia for all conduct relating in any way to the proceeding in which the Domestic Lawyer or Foreign Lawyer seeks to appear. The applicant, Domestic Lawyer or Foreign Lawyer who has obtained pro hac vice admission in a proceeding, 10 submits to this authority for all that lawyer's conduct (i) within the state while the proceeding is pending or (ii) arising out of or relating to the application or the proceeding. An applicant, Domestic Lawyer or Foreign Lawyer who has pro hac vice authority for a proceeding, may be disciplined in the same manner as an in-state lawyer. b. The court’s and Office of General Counsel's authority includes, without limitation, the court's and State Bar of Georgia’s Rules of Professional Conduct, contempt and sanctions orders, local court rules, and court policies and procedures. 2. Familiarity With Rules. An applicant shall become familiar with the Georgia Rules of Professional Conduct, local court rules, and policies and procedures of the court before which the applicant seeks to practice. G. Temporary Practice. An out-of-state lawyer will be eligible for admission pro hac vice, or to practice in another lawful way only on a temporary basis. H. Conflicts. The conflicts of the Domestic Lawyer or Foreign Lawyer shall not delay any deadlines, depositions, mediation, hearings, or trials in connection with the case for which admission has been granted. APPENDIX A The Domestic Lawyer’s or Foreign Lawyer’s application shall include: 1. the applicant’s residence and business address; 2. the name, address and phone number of each client sought to be represented; 3. the courts before which the applicant has been admitted to practice and the respective period(s) of admission, and contact information as to each such court; 4. whether the applicant (a) has been denied admission pro hac vice in this state, (b) had admission pro hac vice revoked in this state, or (c) has otherwise formally been disciplined or sanctioned by any court in this state. If so, specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings; the date filed; and what findings were made and what action was taken in connection with those proceedings; 5. whether any formal, written disciplinary proceeding has ever been brought against the applicant by a disciplinary authority in any other jurisdiction and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings and contact information as to such person or authority; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings; 6. whether the applicant has been held formally in contempt or otherwise sanctioned by any court in a written order for disobedience to its rules or orders, and, if so: the nature of the allegations; the name and contact information of the court before which such proceedings were conducted; the date of the contempt order or sanction; the caption of the proceedings; and the substance of the court’s rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); 7. the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application; 8. an averment as to the applicant's familiarity with the Georgia Rules of Professional Conduct, local court rules and court procedures of the court before which the applicant seeks to practice; 11 9. the name, address, telephone number and bar number of an active member in good standing of the bar of this state who will sponsor the applicant's pro hac vice request. The bar member shall appear of record together with the Domestic Lawyer or Foreign Lawyer; and 10. The Foreign Lawyer's application shall include an affidavit attesting that the applicant shall throughout the period of appearance pro hac vice comply with all relevant provisions of the United States immigration laws and shall maintain valid immigration status. The Domestic Lawyer’s or Foreign Lawyer’s application may provide the following optional information: 11. the applicant’s prior or continuing representation in other matters of one or more of the clients the applicant proposes to represent and any relationship between such other matter(s) and the proceeding for which applicant seeks admission. 12. any special experience, expertise, or other factor deemed to make it particularly desirable that the applicant be permitted to represent the client(s) the applicant proposes to represent in the particular cause. Amended effective October 9, 1997; November 10, 2005; April 23, 2009; October 7, 2010; September 29, 2011; September 18, 2014. --- CITATION: USCR 4.5 TITLE: Entries of Appearance and Withdrawals by Members or Employees of Law Firms CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.5/ TEXT: USCR 4.5. Entries of Appearance and Withdrawals by Members or Employees of Law Firms or Professional Corporations The entry of an appearance or request for withdrawal by an attorney who is a member or an employee of a law firm or professional corporation shall relieve the other members or employees of the same law firm or professional corporation from the necessity of filing additional entries of appearance or requests for withdrawal in the same action. --- CITATION: USCR 4.6 TITLE: To Notify of Representation CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.6/ TEXT: USCR 4.6. To Notify of Representation In any matter pending in a superior court, promptly upon agreeing to represent any client, the new attorney shall notify the appropriate calendar clerk in writing (and, in criminal actions, the district attorney; and, in civil actions the opposing attorney(s)) of the fact of such representation, the name of the client, the name and number of the action, the attorney’s firm name, office address and telephone number. Each such attorney shall notify the calendar clerk (and, in criminal actions, the district attorney; and, in civil actions, the opposing attorney(s)) immediately upon any change of representation, name, address or telephone number. --- CITATION: USCR 4.7 TITLE: To Utilize Assigned Judge CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.7/ TEXT: USCR 4.7. To Utilize Assigned Judge Attorneys shall not present to any judge any matter or issue in any action which has been assigned to another judge, except under the most compelling circumstances. In that event, any attorney doing so shall first advise the judge to whom the matter is presented that the action is assigned to another judge. Counsel shall also inform the assigned judge as soon as possible that the matter was presented to another judge. 12 --- CITATION: USCR 4.8 TITLE: To Notify of Related Cases CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.8/ TEXT: USCR 4.8. To Notify of Related Cases At any time an attorney is counsel in any action which the attorney knows is or may be related to another action either previously or presently pending in and assigned to a particular judge of a superior court in the same circuit involving some or all of the same subject matter, or some or all of the same factual issues, such attorney immediately shall so advise the judges involved, who will then make an appropriate determination as to which judge the action or actions should be assigned. Amended effective October 9, 1997. --- CITATION: USCR 4.9 TITLE: To Notify of Previous Presentation to Another Judge CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.9/ TEXT: USCR 4.9. To Notify of Previous Presentation to Another Judge Attorneys shall not present to a judge any matter which has been previously presented to another judge without first advising the former of the fact and result of such previous presentation. --- CITATION: USCR 4.10 TITLE: To Notify of Settlements and Dismissals CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.10/ TEXT: USCR 4.10. To Notify of Settlements and Dismissals Immediately upon the settlement or dismissal of any civil action the involved attorneys shall notify the assigned judge and, where appropriate, the calendar clerk of such event. --- CITATION: USCR 4.11 TITLE: Attorneys: Appearance, Withdrawal and Duties; to Attend and Remain CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.11/ TEXT: USCR 4.11. Attorneys: Appearance, Withdrawal and Duties; to Attend and Remain Subject to the provisions of Rule 17, attorneys having matters on calendars, or who are otherwise directed to do so, unless excused by the court, are required to be in court at the call of the matter and to remain until otherwise directed by the court. Should the judge excuse counsel from the courtroom before the matter is concluded such attorney(s) shall return as directed. So that the court can provide timely direction, counsel shall contact the trial court daily during the remainder of any ongoing calendar. Failure of any attorney in this respect shall subject that attorney to the contempt powers of the court. Amended effective October 9, 1997; November 10, 2005. --- CITATION: USCR 4.12 TITLE: Binding Authority CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.12/ TEXT: USCR 4.12. Binding Authority Attorneys of record have apparent authority to enter into agreements on behalf of their clients in civil actions. Oral agreements, if established, are enforceable. Amended effective October 9, 1997. --- CITATION: USCR 4.13 TITLE: Limited Appearances CHAPTER: Uniform Superior Court Rules — Rule 4 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/4.13/ TEXT: USCR 4.13. Limited Appearances No attorney shall enter into limited representation of a party in a superior court without first notifying the court and the opposing party of the limitations of the appearance by filing a separate entry titled “Limited Appearance.” This notice must comply with Rule 4.2 of these rules and must further state the limited purpose and duration of the appearance. Within five days of the conclusion of the limited appearance, the attorney shall file a notice declaring that their limited representation has ended which includes the client’s last known mailing and electronic address and the attorney shall serve a copy of the notice on their client, opposing counsel (or parties if unrepresented), and the assigned judge. 13 Absent notice of the limitation of representation with respect to purpose and duration, the attorney shall not be relieved as attorney of record until the grant of a motion to withdraw compliant with Rule 4.3 of these rules. Adopted effective February 25, 2021; amended effective February 29, 2024. --- CITATION: USCR 5.1 TITLE: Prompt Completion CHAPTER: Uniform Superior Court Rules — Rule 5 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/5.1/ TEXT: USCR 5.1. Prompt Completion In order for a party to utilize the court’s compulsory process to compel discovery, any desired iscovery procedures must first be commenced promptly, pursued diligently and completed without unnecessary delay and within 6 months after the filing of the answer. In any action in which an answer is not filed within 30 days of service, or by the date set forth in any extension or court order, the 6-month period shall begin to run 30 days after service. At any time, the court, in its discretion, may open, extend, reopen or shorten the time to utilize the court’s compulsory process to compel discovery. Amended effective January 18, 1990; January 31, 1991; designated as Rule 5.1 effective November 12, 1992; amended May 15, 2014. --- CITATION: USCR 5.2 TITLE: Filing Requirements CHAPTER: Uniform Superior Court Rules — Rule 5 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/5.2/ TEXT: USCR 5.2. Filing Requirements (1) Depositions and other original discovery material shall not be filed with the court unless or until required by the provisions of OCGA § 9-11-29.1(a) (1)-(5). (2) A party serving Interrogatories, Requests for Production of Documents, Requests for Admission and Answers or responses thereto upon counsel, a party or a non-party shall file with the court a certificate indicating the pleading which was served, the date of service (or that the same has been delivered for service with the summons) and the persons served. Adopted effective November 12, 1992. --- CITATION: USCR 5.3 TITLE: Depositions Upon Oral Examination-Duration CHAPTER: Uniform Superior Court Rules — Rule 5 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/5.3/ TEXT: USCR 5.3. Depositions Upon Oral Examination-Duration Unless otherwise authorized by the court or stipulated by the parties, a deposition is limited to one day of seven hours. The court must allow additional time if needed for a fair examination of the deponent or if the deponent or another person or other circumstance impedes or delays the examination. Adopted effective May 8, 2003. --- CITATION: USCR 5.4 TITLE: Early Planning Conference and Discovery Plan CHAPTER: Uniform Superior Court Rules — Rule 5 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/5.4/ TEXT: USCR 5.4. Early Planning Conference and Discovery Plan (1) The parties may agree to an early planning discovery conference, the judge may order the parties to hold an early planning discovery conference, or a party may petition the court for an early planning discovery conference. The conference may be held in the county in which the action is pending or at such other place or by such other means as agreeable to the court. A discovery conference may be held by telephone, by video conference, or in person, or a 14 combination thereof, unless the court orders the parties to attend in person. During an early planning discovery conference, the parties shall: a. Consider the nature and basis of the parties’ claims and defenses and the possibilities of settling the case; b. Resolve any issues regarding the scope of preservation of information; c. Discuss the preparation of a discovery plan; and d. Discuss any such issues as are relevant to the case. (2) After an early planning discovery conference, the parties may submit an agreed upon discovery plan within 14 days of the meeting and may request a conference with the court regarding the plan. Unless the parties agree otherwise, the attorney for the plaintiff shall be responsible for submitting the discovery plan to the court. The discovery plan may include: a. A statement of the issues in the case and a brief factual outline; b. A schedule of discovery including discovery of electronically stored information; c. A defined scope of preservation of information and appropriate conditions for terminating the duty to preserve prior to the final resolution of the case; d. The format by which electronically stored information will be produced; and e. Sources of any stored information that is not reasonably accessible because of undue burden or cost. (3) If a discovery plan is not agreed upon, the parties may submit to the court within 14 days of the meeting a joint report indicating the agreed upon parts of the discovery plan and the position of each party on the parts upon which they disagree. The court shall confer in an appropriate manner with the parties to resolve any outstanding issues. Adopted effective June 4, 2015. --- CITATION: USCR 5.5 TITLE: Privilege CHAPTER: Uniform Superior Court Rules — Rule 5 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/5.5/ TEXT: USCR 5.5. Privilege (1) Information withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial preparation material, the party shall: a. Expressly make the claim; and b. Describe the nature of the documents, communications, or tangible things not produced or disclosed and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess such claim. 15 (2) Information produced. If information produced in discovery is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. The producing party shall preserve the information until the claim is resolved. After being notified, a party: a. Shall promptly return, sequester, or destroy the specified information and any copies thereof; b. Shall not use or disclose the information until the claim is resolved; c. Shall take reasonable steps to retrieve the information if the party disclosed it before being notified; and d. May promptly present the information to the court for in camera review for determination of the claim. Adopted effective June 4, 2015. --- CITATION: USCR 6.1 TITLE: Filing CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.1/ TEXT: USCR 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney or party of such motions and related materials to the assigned judge or the judge’s designee. When an attorney or party e-files a motion or any response, the attorney or party shall notify the opposing parties and the assigned judge or the judge’s designee by e-mail of the motion or response contemporaneously but no later than 24 hours after e-filing. Amended effective July 2, 2020. --- CITATION: USCR 6.2 TITLE: Reply (Motions in Civil Actions) CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.2/ TEXT: USCR 6.2. Reply (Motions in Civil Actions) Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. Such response shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated facts are relied upon, supporting affidavits or citations to evidentiary materials of record. [In State Court, see State Court Rule 6.2.] Amended effective May 5, 2011; May 23, 2013. --- CITATION: USCR 6.3 TITLE: Hearing CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.3/ TEXT: USCR 6.3. Hearing Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict. 16 However, oral argument on a motion for summary judgment shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled "Request for Oral Hearing," and provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response. Amended May 7, 1987; amended effective November 9, 1995. --- CITATION: USCR 6.4 TITLE: Failure to Make Discovery and Motion to Compel Discovery CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.4/ TEXT: USCR 6.4. Failure to Make Discovery and Motion to Compel Discovery (A) Motions to compel discovery in accordance with OCGA § 9-11-37 shall: (1) Quote verbatim or attach a copy as an exhibit of each interrogatory, request for admission, or request for production to which objection is taken or to which no response or insufficient response is provided; (2) Include the specific objection or response claimed to be insufficient; (3) Include the grounds for the objection (if not apparent from the objection); and, (4) Include the reasons supporting the motion. Any objections shall be addressed to the specific interrogatory, request for admission, or request for production and shall not be made generally. (B) Prior to filing a motion seeking resolution of a discovery dispute, counsel for the moving party shall confer with counsel for the opposing party and any objecting person or entity in a good faith effort to resolve the matters involved. At the time of filing the motion, counsel shall also file a statement certifying that such conference has occurred and that the effort to resolve by agreement the issues raised failed. This rule also applies to motions to quash, motions for protective order and cases where no discovery has been provided. Amended effective November 28, 1996; amended effective May 15, 2014. --- CITATION: USCR 6.5 TITLE: Motions for Summary Judgment CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.5/ TEXT: USCR 6.5. Motions for Summary Judgment Upon any motion for summary judgment pursuant to the Georgia Civil Practice Act, there shall be annexed to the notice of motion a separate, short and concise statement of each theory of recovery and of each of the material facts as to which the moving party contends there is no genuine issue to be tried. The response shall include a separate, short and concise statement of each of the material facts as to which it is contended there exists a genuine issue to be tried. --- CITATION: USCR 6.6 TITLE: Time for Filing Summary Judgment Motions CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.6/ TEXT: USCR 6.6. Time for Filing Summary Judgment Motions Motions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment. --- CITATION: USCR 6.7 TITLE: Motions in Emergencies CHAPTER: Uniform Superior Court Rules — Rule 6 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/6.7/ TEXT: USCR 6.7. Motions in Emergencies Upon written notice and good cause shown, the assigned judge may shorten or waive the time requirement applicable to emergency motions, except motions for summary judgment, or grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure. 17 --- CITATION: USCR 7.1 TITLE: Civil CHAPTER: Uniform Superior Court Rules — Rule 7 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/7.1/ TEXT: USCR 7.1. Civil The assigned judge may set pretrial conferences sua sponte or upon motion. In scheduling actions for pre-trial conferences the court shall give consideration to the nature of the action, its complexity and the reasonable time requirements for preparation for pre-trial. In the event a pre- trial conference is ordered, the following shall apply. A calendar will be published or a written order issued specifying the time and place for the pre- trial conference. The court will consider the issues stated in Rule 16 of the Civil Practice Act (OCGA § 9-11-16) among others. Subject to the provisions of Rule 17, the pre-trial hearing shall be attended by the attorneys who will actually try the action; with the consent of the court, another attorney of record in the action may attend if authorized to define the issues and enter into stipulations. At the commencement of the pre-trial conference, or prior thereto upon written order of the court, counsel for each party shall present to the court a written proposed pre-trial order in substantially the form required by the rules. Failure of counsel to appear at the pre-trial conference without legal excuse or to present a proposed pre-trial order shall authorize the court to remove the action from any trial calendar, enter such pre-trial order as the court shall deem appropriate, or impose any other appropriate sanction, except dismissal of the action with prejudice. --- CITATION: USCR 7.2 TITLE: Civil Pre-Trial Order CHAPTER: Uniform Superior Court Rules — Rule 7 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/7.2/ TEXT: USCR 7.2. Civil Pre-Trial Order At the pre-trial conference, or prior to that day if specified in the pre-trial calendar, counsel for each party shall have prepared and shall file with the court a proposed pre-trial order in substantially the following form: 18 IN THE SUPERIOR COURT OF _____ COUNTY STATE OF GEORGIA CIVIL ACTION, CASE NO. ____ (STYLE OF CASE) PRE-TRIAL ORDER The following constitutes a Pre-Trial Order entered in the above-styled case after conference with counsel for the parties: (1) The name, address and phone number of the attorneys who will conduct the trial are as follows: Plaintiff ____ Defendant ____ Other ____ (2) The estimated time required for trial is ____ (3) There are no motions or other matters pending for consideration by the court except as follows:____ ____ (4) The jury will be qualified as to relationship with the following: (5)a. All discovery has been completed, unless otherwise noted, and the court will not consider any further motions to compel discovery except for good cause shown. The parties, however, shall be permitted to take depositions of any person(s) for the preservation of evidence for use at trial. b. Unless otherwise noted, the names of the parties as shown in the caption to this order are correct and complete and there is no question by any party as to the misjoinder or nonjoinder of any parties. (6) The following is the Plaintiff’s brief and succinct outline of the case and contentions: (USE SPACE AS NEEDED) ____ ____ (7) The following is the Defendant’s brief and succinct outline of the case and contentions: (USE SPACE AS NEEDED) ____ ____ (8) The issues for determination by the jury are as follows: ____ ____ 19 (9) Specifications of negligence including applicable code sections are as follows: ____ ____ (10) If the case is based on a contract, either oral or written, the terms of the contract are as follows (or, the contract is attached as an Exhibit to this order): ____ ____ ____ (11) The types of damages and the applicable measure of those damages are stated as follows: ____ ____ (12) If the case involves divorce, each party shall present to the court at the pre-trial conference the affidavits required by Rule 24.2. (13) The following facts are stipulated: ____ ____ (14) The following is a list of all documentary and physical evidence that will be tendered at the trial by the Plaintiff or Defendant. Unless noted, the parties have stipulated as to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel prior to trial so as not to delay the trial before the jury. a. By the Plaintiff: ____ ____ ____ b. By the Defendant: ____ ____ ____ (15) Special authorities relied upon by Plaintiff relating to peculiar evidentiary or other legal questions are as follows: ____ ____ (16) Special authorities relied upon by Defendant relating to peculiar evidentiary or other legal questions are as follows: ____ (17) All requests to charge anticipated at the time of trial will be filed in accordance with Rule 10.3. (18) The testimony of the following persons may be introduced by depositions: ____ Any objection to the depositions or questions or arguments in the depositions shall be called to the attention of the court prior to trial. (19) The following are lists of witnesses the a. Plaintiff will have present at trial: ____ ____ 20 b. Plaintiff may have present at trial: ____ ____ c. Defendant will have present at trial: ____ ____ d. Defendant may have present at trial: ____ ____ Opposing counsel may rely on representation that the designated party will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means. (20) The form of all possible verdicts to be considered by the jury are as follows: ____ (21)a. The possibilities of settling the case are: ____ b. The parties do/do not want the case reported. c. The cost of take-down will be paid by: ____ d. Other matters: Submitted by: ____ ____ It is hereby ordered that the foregoing, including the attachments thereto, constitutes the PRE- TRIAL ORDER in the above case and supersedes the pleadings which may not be further amended except by order of the court to prevent manifest injustice. This ____ day of ____, 20__. ____ Judge, Superior Court ____ Judicial Circuit 21 Amended effective October 9, 1997. --- CITATION: USCR 7.3 TITLE: Interpreters CHAPTER: Uniform Superior Court Rules — Rule 7 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/7.3/ TEXT: USCR 7.3. Interpreters (A) In all civil and criminal cases, the party or party’s attorney shall inform the court in the form of a notice of the need for a qualified interpreter, if known, within a reasonable time — at least 5 days where practicable—before any hearing, trial, or other court proceeding. Such notice shall be filed and shall comply with any other service requirements established by the court. The notice shall (1) designate the participants in the proceeding who will need the services of an interpreter, (2) estimate the length of the proceeding for which the interpreter is required, (3) state whether the interpreter will be needed for all proceedings in the case, and (4) indicate the language(s), including sign language for the Deaf/Hard of Hearing, for which the interpreter is required. (B) Upon receipt of such notice, the court shall make a diligent effort to locate and appoint a licensed interpreter, at the court’s expense, in accordance with the Supreme Court of Georgia’s Rule on Use of Interpreters for Non-English Speaking and Hearing Impaired Persons. If the court determines that the nature of the case (e.g., an emergency) warrants the use of a non-licensed interpreter, then the court shall follow the procedures as outlined in the Supreme Court of Georgia’s Commission on Interpreters’ Instructions for Use of a Non-Licensed Interpreter. Despite its use of a non-licensed interpreter, the court shall make a diligent effort to ensure that a licensed interpreter is appointed for all subsequently scheduled proceedings, if one is available. (C) If a party or party’s attorney fails to timely notify the court of a need for a court interpreter, the court may assess costs against that party for any delay caused by the need to obtain a court interpreter unless that party establishes good cause for the delay. When timely notice is not provided or on other occasions when it may be necessary to utilize an interpreter not licensed by the Supreme Court of Georgia’s Commission on Interpreters (COI), the Registry for Interpreters of the Deaf (RID), or other industry-recognized credentialing entity, such as a telephonic language service or a less qualified interpreter, the court should weigh the need for immediacy in conducting a hearing against the potential compromise of due process, or the potential of substantive injustice, if interpreting is inadequate. Unless immediacy is a primary concern, some delay might be more appropriate than the use of an interpreter not licensed by the COI, RID, or other recognized credentialing entity. (D) Notwithstanding any failure of a party or party’s attorney to notify the court of a need for a court interpreter, the court shall appoint a court interpreter whenever it becomes apparent from the court’s own observations or from disclosures by any other person that a participant in a proceeding is unable to hear, speak, or otherwise communicate in the English language to the extent reasonably necessary to meaningfully participate in the proceeding. (E) If the time or date of a proceeding is changed or canceled by the parties, and interpreter services have been arranged by the court, the party that requested the interpreter must notify the court 24 hours in advance of the change or cancellation. Timely notice of any changes is essential in order to cancel or reschedule an interpreter, thus precluding unnecessary travel by the interpreter and a fee payment by the court. If a party fails to timely notify the court of a change or cancellation, the court may assess any reasonable interpreter expenses it may have incurred 22 upon that party unless the party can show good cause for its failure to provide a timely notification. Amended effective November 8, 2001; amended effective July 13, 2017. --- CITATION: USCR 7.4 TITLE: Criminal Matters CHAPTER: Uniform Superior Court Rules — Rule 7 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/7.4/ TEXT: USCR 7.4. Criminal Matters At or after the arraignment, pre-trial conferences may be scheduled as the judge deems appropriate. Such pre-trial conferences shall be attended by the attorneys who will actually try the case. At the pre-trial conference: (A) All motions, special pleas and demurrers not previously determined shall be presented to and heard by the judge. Any and all pending motions not called to the judge’s attention at the pre- trial conference shall be deemed to have been abandoned and waived; however, at the judge’s discretion and for good cause, such matters may subsequently be heard. At the discretion of the judge, the disposition of any matter brought before the court may be postponed. (B) To the extent possible without revealing confidential trial strategies, the attorneys shall inform the judge of probable evidentiary problems known to them or any other matter which might delay the trial so the judge may take any necessary action before the trial to avoid a delay. (C) If possible, the judge shall set a firm trial date. (D) Counsel are encouraged to enter into reasonable stipulations. Amended effective October 9, 1997; renumbered from 7.3 effective November 8, 2001. --- CITATION: USCR 8.1 TITLE: Scheduling Trials CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.1/ TEXT: USCR 8.1. Scheduling Trials The assigned judge has the sole responsibility for setting hearings in all actions assigned to that judge, for the scheduling of all trials in such actions and for the publication of all necessary calendars in advance of trial dates. In scheduling actions for trial the assigned judge shall give consideration to the nature of the action, its complexity and the reasonable time requirements of the action for trial. It is the intendment of these rules that no matter be allowed to languish, and the assigned judge is responsible for the orderly movement and disposition of all assigned matters. Amended effective October 9, 1997. --- CITATION: USCR 8.2 TITLE: Ready List CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.2/ TEXT: USCR 8.2. Ready List All actions ready for trial in accordance with OCGA § 9-11-40 shall be placed upon a list of actions ready for final jury trial to be maintained as a "ready list" by the calendar clerk. Actions may be placed on the ready list by: (A) The assigned judge upon notice to the parties; or (B) A party, after the entry of a pre-trial order, upon notice to the other parties. 23 Except for cause, actions shall be placed on the ready list in chronological order in accordance with filing dates, except that actions previously on the ready list shall retain their superior position; however, actions entitled thereto by statute shall be given precedence. --- CITATION: USCR 8.3 TITLE: Trial Calendar CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.3/ TEXT: USCR 8.3. Trial Calendar The court shall designate a calendar clerk, who need not be an employee of the clerk of superior court, for the purpose of publishing a calendar. The calendar clerk shall prepare a trial calendar from the actions appearing on the ready list, in the order appearing on such list. The calendar shall state the place of trial and the date and time during which the actions shall be tried. The trial calendar shall be distributed or published a sufficient period of time, but not less than 20 days, prior to the session of court at which the actions listed thereon are to be tried. The calendar clerk may distribute the calendar by sending an electronic copy via e-mail to the attorneys of record addressed to their e-mail addresses as registered with the State Bar of Georgia pursuant to USCR 4.2. Pro se parties must be notified by regular mail. [In State Court, see State Court Rule 8.3.] Amended effective November 28, 2013. --- CITATION: USCR 8.4 TITLE: Trial Date CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.4/ TEXT: USCR 8.4. Trial Date The parties and counsel in the first 10 actions on the published trial calendar shall appear ready for trial on the date specified unless otherwise directed by the assigned judge. Parties in all other actions on the calendar are expected to be ready for trial but may contact the calendar clerk to obtain: (A) A specific date and time for trial during the trial term specified in the calendar; or (B) Permission to await the call by the calendar clerk of the action for trial upon reasonable notice to counsel. Amended effective March 9, 1989. --- CITATION: USCR 8.5 TITLE: Continuance After Scheduled for Trial CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.5/ TEXT: USCR 8.5. Continuance After Scheduled for Trial Continuances will not be granted merely by agreement of counsel. Actions will not be removed from a published trial calendar except by court direction upon such terms as reasonably may be imposed, including the possible imposition of a penalty of up to $50 upon the moving party if, absent statutory grounds or good cause, a motion for continuance of an action is first made within 5 days of the trial week scheduled. --- CITATION: USCR 8.6 TITLE: Special Settings CHAPTER: Uniform Superior Court Rules — Rule 8 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/8.6/ TEXT: USCR 8.6. Special Settings Special settings of actions for jury trial are not favored. 24 RULE 9. VIRTUAL PROCEEDINGS --- CITATION: USCR 9.1 TITLE: Virtual Events; Court Proceedings CHAPTER: Uniform Superior Court Rules — Rule 9 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/9.1/ TEXT: USCR 9.1. Virtual Events; Court Proceedings (A) Definitions. “Virtual event” means a meeting or conference conducted by telephone; or any meeting, conference, or court proceeding conducted by video; and shall include any such meeting, conference, or proceeding that includes all participants appearing virtually; as well as hybrid events where there is a mix of live and virtual participation. (B) Consent. Any event in any civil or criminal court proceeding may be conducted pursuant to USCR 9.2 as a virtual event if it is done with the consent of the parties and by agreement of the court. Absent consent, the following provisions apply. (C) Criminal Proceedings. All matters in criminal cases, excluding trials, may be conducted pursuant to USCR 9.2 except those for which the Constitution or other law requires in-person proceedings. Permissible matters include, but are not necessarily limited to, the following: (1) Determinations of indigence and appointments of counsel; (2) Hearings on appearance and appeal bonds; (3) Initial appearance hearings; (4) Probable cause hearings; (5) Applications for arrest warrants; (6) Applications for search warrants; (7) Arraignments or waivers of arraignment; (8) Pre-trial diversion and post-sentencing compliance hearings; (9) Entry or change of pleas in criminal cases; (10) Impositions of sentences upon pleas of guilty or nolo contendere; (11) Probation revocation hearings in cases in which the probationer admits the violation; (12) Post-sentencing proceedings in criminal cases; (13) Acceptance of special pleas of insanity (incompetency to stand trial); (14) Situations involving inmates with highly sensitive medical problems or who pose a high security risk upon the court making findings as may be required by law; 25 (15) Testimony of youthful witnesses upon the court making findings as may be required by law; (16) Appearances of interpreters; and (17) Status hearings or docket calls. This rule does not abrogate any constitutional right that requires in-person proceedings. Notwithstanding any other provisions of this rule, a judge may order a defendant’s personal appearance in court for any hearing. (D) Civil Proceedings. All matters in civil cases may be conducted pursuant to USCR 9.2, except trials. These matters include but are not necessarily limited to, the following: (1) Depositions; (2) Default proceedings; (3) Damages hearings; (4) Pre-trial conferences; (5) Show cause (rule nisi) dockets; (6) Motion hearings; (7) Appeal bond and supersedeas proceedings; (8) Traverse hearings; (9) Foreign judgments proceedings; (10) Enforcement and revival of judgments proceedings; (11) Notwithstanding the prohibition on virtual proceedings for trials, the following proceedings related to trials may be conducted pursuant to USCR 9.2: (a) Pre-trial motions; (b) Motions for directed verdict; (c) Proposed jury charge conferences; (d) Post-trial motions; and (e) Any other proceedings with the consent of all parties; 26 (12) Primary and election day proceedings pursuant to OCGA § 21-2-412; (13) Ex-parte applications for Temporary Protective Orders under the Family Violence Act and the Stalking Statute, and subsequent proceedings; and (14) Appearances of interpreters. (E) Effective Date. This rule shall be effective for any virtual event taking place on or after March 1, 2023. Adopted effective July 15, 2004 amended effective March 1, 2023. --- CITATION: USCR 9.2 TITLE: Virtual Events; Generally CHAPTER: Uniform Superior Court Rules — Rule 9 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/9.2/ TEXT: USCR 9.2. Virtual Events; Generally (A) Facilitation of Virtual Events. The trial judge authorizing the virtual event may specify: (1) The time and the person who will initiate the virtual event; (2) The party which is to incur the initial expense of the virtual event, if any, or the apportionment of such costs among the parties, while retaining the discretion to make an adjustment of such costs upon final resolution of the case by taxing same as a part of the costs; and (3) Any other matter or requirement necessary to accomplish, facilitate, or control the virtual event. (B) Confidential Attorney-Client Communications. Provisions shall be made to preserve the confidentiality of attorney-client communications and privilege in accordance with Georgia law. In all criminal virtual events, the defendant and defense counsel shall be provided with a private means of communications when in different locations. (C) Recording of Hearings. A record of any proceedings conducted by virtual event shall be made in the same manner as all such similar proceedings not conducted by virtual event. Any recording of a virtual event shall be governed by USCR 21 and 22. (D) Witnesses. In any virtual event conducted by video, or any in-person proceeding, a witness may testify virtually via video. (1) In civil matters, the discretion to allow testimony virtually via video shall rest with the trial judge. (2) In any criminal matter, an objection to a witness testifying virtually via video shall be sustained; however, such objection shall act as a motion for continuance. (E) Technical Standards for Virtual Events Via Video. Any video-conferencing system utilized under this rule must conform to the following minimum requirements: (1) All participants must be able to see, hear, and communicate with each other simultaneously; 27 (2) All participants must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method; and (3) Video quality must be adequate to allow participants to observe each other’s demeanor and nonverbal communications. (F) Public Access and Open Court. It is the policy of Georgia’s courts to promote access to open court proceedings for participants, the general public, and news media. A court is open when the public is able to access court when a judge is presiding. For any virtual event that would otherwise be in open court and publicly accessible, if the event were conducted live, the virtual event shall constitute open court, subject to any constitutional restrictions, provided that: (1) If the location from which the trial judge is presiding is not accessible to the public, timely notice shall be given to the parties and the public that a proceeding will occur wholly virtually; (a) Such notice may be given to the public by an unrestricted website posting, on the court’s publicly accessible docket, or similar means. (b) In the event a court provides public access to a livestream of all proceedings to which the right of open, publicly accessible court applies, the livestream may constitute such notice, provided that notice of the livestream itself is also provided through the websites of one or more of the following: the court; the clerk of court; the Council of Superior Court Judges; or the local bar association(s), if any. (2) If a party or a member of the public objects to the remote proceeding, the court shall sustain or overrule such objection prior to conducting the proceeding; and (3) The public shall be given an opportunity to view the virtual event, such as by joining the video conference (although unable to participate), through a livestream, or through substantially similar means. (G) Effective Date. This rule shall be effective for any virtual event taking place on or after March 1, 2023. Adopted effective July 15, 2004; amended March 1, 2023. --- CITATION: USCR 10.1 TITLE: Voir Dire CHAPTER: Uniform Superior Court Rules — Rule 10 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/10.1/ TEXT: USCR 10.1. Voir Dire The court may propound, or cause to be propounded by counsel such questions of the jurors as provided in OCGA § 15-12-133; however, the form, time required and number of such questions is within the discretion of the court. The court may require that questions be asked once only to the full array of the jurors, rather than to every juror – one at a time – provided that the question be framed and the response given in a manner that will provide the propounder with an individual response prior to the interposition of challenge. Hypothetical questions are discouraged, but may be allowed in the discretion of the court. It is improper to ask how a juror would act in certain contingencies or on a certain hypothetical state of facts. No question shall be 28 framed so as to require a response from a juror which might amount to a prejudgment of the action. Questions calling for an opinion by a juror on matters of law are improper. The court will exclude questions which have been answered in substance previously by the same juror. It is discretionary with the court to permit examination of each juror without the presence of the remainder of the panel. Objections to the mode and conduct of voir dire must be raised promptly or they will be regarded as waived. In cases in which the death penalty is sought, the trial judge shall address all Witherspoon and reverse-Witherspoon questions to prospective jurors individually. Prior to ruling upon any motion to strike a juror under Witherspoon, the trial judge shall confer with counsel for the state and for the accused as to any additional inquiries. Failure to object to the court’s ruling on whether or not a juror is qualified shall be a waiver of any such objection. Amended effective October 9, 1997. --- CITATION: USCR 10.2 TITLE: Opening Statements in Criminal Matters CHAPTER: Uniform Superior Court Rules — Rule 10 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/10.2/ TEXT: USCR 10.2. Opening Statements in Criminal Matters The district attorney may make an opening statement prior to the introduction of evidence. This statement shall be limited to expected proof by legally admissible evidence. Defense counsel may make an opening statement immediately after the state’s opening statement and prior to introduction of evidence, or following the conclusion of the state’s presentation of evidence. Defense counsel’s statement shall be restricted to expected proof by legally admissible evidence, or the lack of evidence. --- CITATION: USCR 10.3 TITLE: Requests and Exceptions to Charge CHAPTER: Uniform Superior Court Rules — Rule 10 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/10.3/ TEXT: USCR 10.3. Requests and Exceptions to Charge All requests to charge shall be numbered consecutively on separate sheets of paper and submitted to the court in duplicate by counsel for all parties at the commencement of trial, unless otherwise provided by pre-trial order; provided, however, that additional requests may be submitted to cover unanticipated points which arise thereafter. --- CITATION: USCR 10.4 TITLE: Excusals From Courtroom CHAPTER: Uniform Superior Court Rules — Rule 10 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/10.4/ TEXT: USCR 10.4. Excusals From Courtroom During the course of a proceeding no one except the judge may excuse from the courtroom a party, a witness (including one who has testified), or counsel. --- CITATION: USCR 11 TITLE: SELECTION OF JURIES CHAPTER: Uniform Superior Court Rules — Rule 11: Selection Of Juries EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/11/ TEXT: USCR 11. SELECTION OF JURIES After completion of the examination of jurors upon their voir dire, the parties and their counsel shall be entitled, upon request, to 15 minutes to prepare for jury selection; thereafter, during the selection of jurors, the court in its discretion, upon first warning counsel, may restrict to not less than 1 minute the time within which each party may exercise a peremptory challenge; a party shall forfeit a challenge by failing to exercise it within the time allowed. Amended effective October 9, 1997. 29 --- CITATION: USCR 12 TITLE: VOLUNTARY DISMISSAL OF ACTIONS CHAPTER: Uniform Superior Court Rules — Rule 12: Voluntary Dismissal Of Actions EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/12/ TEXT: USCR 12. VOLUNTARY DISMISSAL OF ACTIONS If a civil action is voluntarily dismissed (other than as a result of final settlement agreement, the terms of which are dictated, in court or in chambers, into the record) after the trial jury has been empaneled, all court costs including juror fees incurred for all panels from which the trial jury was selected shall be taxed against the dismissing party. --- CITATION: USCR 13.1 TITLE: Time Limitations CHAPTER: Uniform Superior Court Rules — Rule 13 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/13.1/ TEXT: USCR 13.1. Time Limitations Counsel shall be limited in their arguments as follows: (A) Felony cases punishable by the death penalty or life in prison -- 2 hours each side. (B) Any other felony case -- 1 hour each side. (C) Misdemeanor case -- 30 minutes each side. (D) Civil cases other than appeals from magistrate courts -- 2 hours each side. (E) Appeals from magistrate courts -- 30 minutes each side. Amended effective September 2, 1999; May 1, 2008. --- CITATION: USCR 13.2 TITLE: Extensions CHAPTER: Uniform Superior Court Rules — Rule 13 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/13.2/ TEXT: USCR 13.2. Extensions Before arguments begin, counsel may apply to the court for an extension of the time prescribed for argument. The applicant shall state the reason that additional time is needed; the court in its discretion may grant extensions. --- CITATION: USCR 13.3 TITLE: Number of Arguments CHAPTER: Uniform Superior Court Rules — Rule 13 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/13.3/ TEXT: USCR 13.3. Number of Arguments Not more than two attorneys shall be permitted to argue any case for any party except by leave of court; in no event shall more than one attorney for each party be heard in concluding argument. --- CITATION: USCR 13.4 TITLE: Conclusion CHAPTER: Uniform Superior Court Rules — Rule 13 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/13.4/ TEXT: USCR 13.4. Conclusion In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima facie case, then the defendant shall be entitled to open and conclude. Amended effective October 9, 1997. --- CITATION: USCR 14 TITLE: DISMISSAL CHAPTER: Uniform Superior Court Rules — Rule 14: Dismissal EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/14/ TEXT: USCR 14. DISMISSAL On its own motion or upon motion of the opposite party, the court may dismiss without prejudice any civil action, or where appropriate, any pleading filed on behalf of any party upon the failure to properly respond to the call of the action for trial or other proceeding. In civil actions or criminal cases the court may adjudge any attorney in contempt for failure to appear without legal excuse upon the call of any proceeding. 30 --- CITATION: USCR 15 TITLE: DEFAULT JUDGMENTS CHAPTER: Uniform Superior Court Rules — Rule 15: Default Judgments EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/15/ TEXT: USCR 15. DEFAULT JUDGMENTS The party seeking entry of a default judgment in any action shall certify to the court the following: the date and type of service effected; that proof of service was filed with the court within 5 business days of the service date, or, if not filed within 5 business days of the service date, the date on which proof of service was filed; that no defensive pleading has been filed by the defendant as shown by court records; and the defendant’s military status, if required. This certificate shall be in writing and must be attached to the proposed default judgment when presented to the judge for signature. Amended effective May 8, 2003; amended effective May 15, 2014. --- CITATION: USCR 15.1 TITLE: Garnishments CHAPTER: Uniform Superior Court Rules — Rule 15: Default Judgments EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/15.1/ TEXT: USCR 15.1. Garnishments In accordance with OCGA §18-4-61 (5), the clerk of superior court is authorized to supervise initiation of the garnishment proceedings and the affidavit, provided the clerk determines: (A) That the affidavit is on personal knowledge and contains all elements required by Georgia law; (B) That the garnishment proceedings are carried out through the use of proper forms in the filing of garnishments and in accord with Georgia law; (C) That any questionable matter concerning these procedures be presented to the presiding judge for determination and in all cases a judge’s facsimile signature may be affixed to an affidavit of garnishment as determined by the presiding judge. --- CITATION: USCR 16.1 TITLE: Leaves for 30 Cumulative Calendar Days or Less CHAPTER: Uniform Superior Court Rules — Rule 16 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/16.1/ TEXT: USCR 16.1. Leaves for 30 Cumulative Calendar Days or Less An attorney of record shall be entitled to a leave of absence for 30 cumulative days or less from court appearance in pending matters, excluding those cases for which the attorney files a subsequent demand for trial pursuant to OCGA § 17-7-170 or § 17-7-171, 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 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, or the court responds denying the leave of absence within ten days, the leave will stand granted without entry of an order. If objection is filed, the court, upon request of any counsel, will conduct a 31 conference with all counsel to determine whether the court will, by order, grant the requested leave of absence. If after filing a leave of absence, an attorney of record subsequently files a statutory demand for trial pursuant to OCGA § 17-7-170 or § 17-7-171, the attorney must submit a new request for a leave of absence to the clerk of the court, giving proper notice to opposing counsel and the court so that the new issue of a demand for trial may be properly considered. The clerk of the court shall retain leave of absence notices in a chronological file for two calendar years; thereafter, the notices may be discarded. Amended effective July 25, 2024. --- CITATION: USCR 16.2 TITLE: Leaves for More Than 30 Cumulative Calendar Days or Those Either on a CHAPTER: Uniform Superior Court Rules — Rule 16 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/16.2/ TEXT: USCR 16.2. Leaves for More Than 30 Cumulative Calendar Days or Those Either on a Published Calendar, Noticed for a Hearing, or not Meeting the Time Requirements of Rule 16.1 Application for leaves of absence for more than 30 cumulative days, excluding those cases for which the attorney files a subsequent demand for trial pursuant to OCGA § 17-7-170 or § 17-7- 171, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in Rule 16.1 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 the action pends. 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. The application for leave of absence shall contain: (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. If after filing a leave of absence, an attorney of record subsequently files a statutory demand for trial pursuant to OCGA § 17-7-170 or § 17-7-171, the attorney must submit a new request for a leave of absence to the clerk of court, giving proper notice to opposing counsel and the courts so that the new issue of a demand for trial may be properly considered. Amended effective July 25, 2024. --- CITATION: USCR 16.3 TITLE: Rule 16.1 or Rule 16.2 Leave CHAPTER: Uniform Superior Court Rules — Rule 16 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/16.3/ TEXT: USCR 16.3. Rule 16.1 or Rule 16.2 Leave A Rule 16.1 or Rule 16.2 leave when granted shall relieve any attorney from all trials, hearings, depositions and other legal proceedings in that matter, excluding those cases for which the attorney files a subsequent demand for trial pursuant to OCGA § 17-7-170 or § 17-7-171 without submitting a new request for leave as set forth herein. This rule shall not extend any deadline set by law or the court. Amended effective July 25, 2024. 32 --- CITATION: USCR 16.4 TITLE: Denial of Application for Leave CHAPTER: Uniform Superior Court Rules — Rule 16 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/16.4/ TEXT: USCR 16.4. Denial of Application for Leave Any application for leave not filed in conformance with this rule will be denied. Notice shall be provided substantially as on the attached form. 33 To: All Judges, Clerk 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 s/he has cases pending, all affected clerks of court, and all opposing counsel, that s/he will be on leave pursuant to Georgia Uniform Court Rule 16. 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. If no objections are filed, the leave shall be granted. 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 ____, ____. ____ Name of attorney EXHIBIT A (Sample) Name of Case Name of Judge Opposing Counsel Case Number Court/County Jones v. Jones Brown opp. atty. A 98-3333 DeKalb/Superior (address) Smith v. Exxon Black opp. atty. B 97A-454545 Cobb/State (address) Schwartz v. Craig & Co. Grey opp. atty. C E-6789 Fulton/Superior (address) 34 Amended effective September 23, 1998. --- CITATION: USCR 17.1 TITLE: Method of Resolution CHAPTER: Uniform Superior Court Rules — Rule 17 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/17.1/ TEXT: USCR 17.1. Method of Resolution (A) An attorney shall not be deemed to have a conflict unless: (1) the attorney is lead counsel and/or has been subpoenaed as a witness in two or more actions; and (2) the attorney certifies that the matters cannot be adequately handled and the client’s interest adequately protected by other counsel for the party in the action or by other attorneys in lead counsel’s firm; certifies that in spite of compliance with this rule, the attorney has been unable to resolve these conflicts; and certifies in the notice a proposed resolution by list of such cases in the order of priority specified by this rule. (B) When an attorney is scheduled for a day certain by trial calendar, special setting, court order (including a subpoena compelling his or her appearance to testify), scheduling order issued by the Hearing Panel of the Judicial Qualifications Commission, or written invitation issued by the Investigative Panel of the Judicial Qualifications Commission to appear in two or more courts (trial or appellate; state or federal) or any proceeding or meeting before either Panel of the Judicial Qualifications Commission, the attorney shall give prompt written notice as specified in (A) above of the conflict to opposing counsel, to the clerk of each court and to the judge before whom each action is set for hearing (or, to an appropriate judge if there has been no designation of a presiding judge). The written notice shall contain the attorney’s proposed resolution of the appearance conflicts in accordance with the priorities established by this rule and shall set forth the order of cases to be tried with a listing of the date and data required by (B)(1)-(4) as to each case arranged in the order in which the cases should prevail under this rule. In the absence of objection from opposing counsel or the courts affected, the proposed order of conflict resolution shall stand as offered. Should a judge wish to change the order of cases to be tried, such notice shall be given promptly after agreement is reached between the affected judges. Attorneys confronted by such conflicts are expected to give written notice such that it will be received at least seven days prior to the date of conflict. Absent agreement, conflicts shall be promptly resolved by the judge or the clerk of each affected court in accordance with the following order of priorities: (1) Criminal (felony), all proceedings or meetings before either Panel of the Judicial Qualifications Commission, and habeas actions shall prevail over civil actions. Criminal actions in which a demand for speedy trial has been timely filed pursuant to OCGA §§ 17-7-170 and/or 17-7-171 shall automatically take precedence over all other actions unless otherwise directed by the court in which the speedy trial demand is pending; (2) Jury trials and all proceedings or meetings before either Panel of the Judicial Qualifications Commission shall prevail over non-jury matters, including trials and administrative proceedings; 35 (3) Within the category of non-jury matters, the following order of priority shall apply: (a) hearings with dependency case time limitations required by OCGA § 15-11-102 and termination of parental rights hearings, (b) trials, and (c) all other non-jury matters, including appellate arguments, hearings, and conferences. (4) Within each of the above categories only, the action which was first filed shall take precedence. (C) Conflict resolution shall not require the continuance of the other matter or matters not having priority. In the event any matter listed in the letter notice is disposed of prior to the scheduled time set for any other matter listed or subsequent to the scheduled time set but prior to the end of the calendar, the attorney shall immediately notify all affected parties, including the court affected, of the disposal and shall, absent good cause shown to the court, proceed with the remaining case or cases in which the conflict was resolved by the disposal in the order of priorities set forth in this rule. Amended effective March 9, 1989; October 9, 1997; January 17, 2008; October 23, 2008; October 25, 2012; November 28, 2013; July 15, 2021; April 9, 2026. --- CITATION: USCR 17.2 TITLE: Attorneys Serving as Part-time Judges CHAPTER: Uniform Superior Court Rules — Rule 17 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/17.2/ TEXT: USCR 17.2. Attorneys Serving as Part-time Judges A judge presiding in a civil matter shall give prompt consideration to resolving scheduling conflicts resulting from an attorney's serving as a part-time judge of a court of record. The presiding judge should be mindful of the strict time limitations of juvenile proceedings. See, e.g., Ga. Unif. Juvenile Court Rules 6.8, 7.3, and 23.5. However, a continuance by reason of such scheduling conflicts should not be granted in a scheduled Superior Court civil matter involving the safety of a child or the need of a custodial parent for temporary support. Amended effective September 2, 1999. --- CITATION: USCR 18.1 TITLE: Definitions CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.1/ TEXT: USCR 18.1. Definitions For the purposes of this section of the uniform rules, the following definitions shall apply: (A) "Active judge" means a superior court judge in active service. (B) "Senior judge" means a superior court judge retired from active service, yet authorized by law to serve as a superior court judge. Amended effective January 24, 2019. --- CITATION: USCR 18.2 TITLE: Requests for Assistance CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.2/ TEXT: USCR 18.2. Requests for Assistance The chief judge of any superior court of this state may make a written request for assistance to the chief judge of any other superior court, a senior judge of the superior court, a retired judge, or 36 a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arise: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or, (C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. OCGA § 15-1- 9.1(b). An active judge may, except as hereinafter provided, call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit. --- CITATION: USCR 18.3 TITLE: Certificate of Need CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.3/ TEXT: USCR 18.3. Certificate of Need Except in cases of emergency, having determined the necessity for the service of a senior judge, the requesting judge shall certify the reason such service is required, which shall include an order of appointment giving the scope and tenure of such requested service as in the discretion of the requesting judge is necessary to meet the need. Such certificate and order shall be filed in the office of clerk of superior court of the county in which service is to be performed and with the district administrative judge of such district. --- CITATION: USCR 18.4 TITLE: Emergency Requests CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.4/ TEXT: USCR 18.4. Emergency Requests In case of an unforeseen emergency requiring the immediate service of a senior judge, the requesting judge may act without prior certificate or order of appointment, later ratifying such designation of service by an appropriate order. --- CITATION: USCR 18.5 TITLE: Residence of Senior Judge CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.5/ TEXT: USCR 18.5. Residence of Senior Judge No active judge shall call to serve any senior judge who is not a bona fide resident of and domiciled in this state. --- CITATION: USCR 18.8 TITLE: Election of Ineligibility CHAPTER: Uniform Superior Court Rules — Rule 18 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/18.8/ TEXT: USCR 18.8. Election of Ineligibility In view of the foregoing limitations upon service and compensation of senior judges, senior judges may elect to declare themselves ineligible to serve as judges and may engage in the private practice of law if and when authorized by law. Such election shall be made in writing delivered to the Supreme Court. Senior judges shall be entitled to draw their earned retirement pay and shall be entitled to additional compensation for serving as arbitrators, mediators and any 37 other neutral in an alternative dispute process and as special masters, receivers, auditors and referees. A senior judge who has elected to practice law shall not thereafter be eligible to serve as a judge except upon petition showing good cause to and with the approval of the Supreme Court. Having once been reinstated as eligible to serve as judge by the Supreme Court, no second such petition shall be granted. No judge shall call upon any senior judge to serve who is exercising the right to practice law and no senior judge who is exercising the right to practice law shall agree to serve as a judge. Amended effective November 12, 1992; October 7, 2010. --- CITATION: USCR 19.1 TITLE: Civil CHAPTER: Uniform Superior Court Rules — Rule 19 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/19.1/ TEXT: USCR 19.1. Civil (A) Subject to the provisions of OCGA § 9-11-12 and section (C) of this rule, a timely motion in any pending civil action or proceeding (1) by any party, that jurisdiction is lacking or that venue is improper, or (2) by the court, sua sponte, that subject matter jurisdiction is lacking, shall be treated as a motion to transfer the action to another court, whether in the same or another county of this state. (B) The moving party shall specify the court(s) having jurisdiction and in which venue properly would lie. (C) If the basis of the motion is that a party necessary to the court’s jurisdiction has been dismissed during or at the conclusion of the trial, the motion shall be made immediately and orally; any opposition shall be made orally. Should the motion to transfer be granted as to the remaining parties the claim against the party dismissed shall be severed, so that the order of dismissal will be final for purposes of appeal. (D) Unless otherwise ordered by the court, notice of a written motion to transfer shall be served upon all parties, including any who failed to file pleadings in the matter at least 10 days before the motion is heard. A party opposing a written motion to transfer shall notify the court and all other parties in writing within 10 days after service upon that party of the motion to transfer; such notice shall designate the basis upon which it is claimed that the court in which the action pends has jurisdiction and upon which venue is claimed to be proper. (E) When a motion to transfer is filed, the court may stay all other proceedings in the pending action until determination of the motion. (F) No action or proceeding may be transferred except upon written order of the court in which the action pends (transferor court), reasonable notice of which shall be given to all parties. This order shall specify the court to which the matter is to be transferred (transferee court) and shall state that unless plaintiff pays all accrued court costs within 20 days of mailing or delivery of the cost bill to plaintiff, the action shall automatically stand dismissed without prejudice. 38 The court ruling upon a motion to transfer may award reasonable attorney’s fees to the prevailing party; if the court grants the motion, transfer costs of $50 shall be taxed, unless the court expressly determines otherwise, in its discretion. (G) When an order transferring an action is filed with the clerk of the court entering such order, the clerk shall promptly compute the court costs, including the costs incident to preparing and transferring the record as provided in subparagraph (H) of this rule, and shall notify counsel for plaintiff (or, the plaintiff, if there is no counsel of record) in writing of the amount of the court costs. Plaintiff shall pay the costs within 20 days of mailing or delivery of the cost bill; if costs are not paid within that time, the action shall automatically stand dismissed, without prejudice. (H) Upon timely payment of costs, the clerk of the transferor court shall make and retain copies of (1) the complaint or initial pleading, (2) the motion to transfer if in writing, and (3) the order of transfer. The originals of all pleadings, orders, depositions and other papers on file shall be indexed and certified by the clerk of the transferor court and transmitted, with the transfer cost (if applicable), to the clerk of the transferee court in the manner provided by law for transmittal of records to appellate courts. (I) Upon receipt of the items specified in subparagraph (H) of this rule, the clerk of the transferee court shall assign the action an appropriate number and notify all parties and their respective counsel of record thereof. The action thereafter shall continue in the transferee court as though initially commenced there; all items specified in subparagraph (H) of this rule shall be deemed amended accordingly. It shall not be necessary that service of process be perfected a second time upon parties defendant, except that any publication required to be made in a newspaper in the proper venue shall be republished. Any interlocutory or other order theretofore entered in the action, upon the motion of any party, shall be reviewed, and thereafter reissued or vacated by the court to which the action was transferred. Amended effective October 9, 1997. --- CITATION: USCR 19.2 TITLE: Criminal CHAPTER: Uniform Superior Court Rules — Rule 19 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/19.2/ TEXT: USCR 19.2. Criminal When a criminal action is to be transferred to the superior court of a county different from that in which initially brought, the superior court judge granting the venue change, unless disqualified, shall continue as presiding judge in the action. --- CITATION: USCR 19.3 TITLE: Contested Election Results CHAPTER: Uniform Superior Court Rules — Rule 19 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/19.3/ TEXT: USCR 19.3. Contested Election Results In respect of actions contesting election results, venue change is not limited to the county adjoining that in which the action commenced, but may be made to an appropriate court in any county of the state; costs incident to the further handling and trial of such action shall be borne by the transferor county. Amended effective March 14, 1996. --- CITATION: USCR 19.4 TITLE: Civil Removal CHAPTER: Uniform Superior Court Rules — Rule 19 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/19.4/ TEXT: USCR 19.4. Civil Removal (A) Subject to the provisions of OCGA § 14-2-510 (b) (4), in a civil action or proceeding for damages because of a tort, wrong, or injury done, a defendant may file a notice of removal with the court in the county where the cause of action originated. Any such notice of removal shall be 39 filed within 45 days after service of the summons. If the defendant timely moves to remove an action despite proper jurisdiction and venue, such motion shall be treated as a notice of removal of the action to another court in the county in Georgia where the defendant maintains its principal place of business. (B) Unless otherwise ordered by the original court, the clerk shall promptly compute the court costs, including the costs incident to preparing and transferring the record as provided in paragraph (C) of this rule, and shall notify counsel for the defendant in writing of the amount of the court costs. The defendant shall pay such costs within 20 days after mailing or delivery of the cost bill, whichever shall first occur. If such costs are not paid within that time, the notice of removal shall automatically stand dismissed, without prejudice. (C) Upon timely payment of court costs as specified in paragraph (B) of this rule, the clerk of the original court shall make and retain copies of (1) the complaint or initial pleading, (2) the notice to remove, and (3) the order of removal. The originals of all pleadings, orders, depositions, and other documents on file shall be indexed and certified by the clerk of the original court and transmitted, with the transfer cost (if applicable) to the clerk of the court to which the action is removed in the manner provided by law for transmittal of records to appellate courts. (D) Upon receipt of the items specified in paragraph (C) of this rule, the clerk of the court to which the action is removed shall assign the action an appropriate number and notify all parties and their respective counsel of record of such number. Thereafter, the action shall continue in the court to which the action is removed as though initially commenced there, and all items specified in paragraph (C) of this rule shall be deemed amended accordingly. It shall not be necessary that service of process be perfected a second time upon each party defendant, except that any publication required to be made in a newspaper in the transferee county shall be republished. (E) Within 45 days after notice from the clerk of the court to which the action is removed, the plaintiff may file a motion with the court to which the action is removed, with notice to all parties, to remand the case to the original court. Such motion shall designate the basis upon which it is claimed that the court to which the action is removed should remand the action. When a motion to remand is filed, the court to which the action is removed may stay all other proceedings in the pending action until determination of the motion. If the court to which the action is removed finds that removal is proper, then any previous order entered in the action, upon the motion of any party within 15 days after the determination of the motion to remand, shall be reviewed and subsequently reissued or vacated by the court to which the action is removed. Adopted effective July 15, 2021. --- CITATION: USCR 20 TITLE: PEREMPTORY CALENDAR CHAPTER: Uniform Superior Court Rules — Rule 20: Peremptory Calendar EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/20/ TEXT: USCR 20. PEREMPTORY CALENDAR Periodically the assigned judge may cause to be delivered to the clerk of the court and published a list of pending civil actions in which the discovery period has expired or criminal cases upon reasonable notice requiring the parties (including the state) or their attorneys to announce whether the actions or cases appearing thereon are ready for trial and when trial should be 40 scheduled. Failure to appear at the calendar sounding or otherwise to advise the judge or appropriate calendar clerk may result in the following disposition: (A) In civil actions, the dismissal without prejudice of plaintiff’s action or defendant's answer, counterclaim, or cross claim; and, (B) In criminal cases, the acquitting of the accused defendant or the dead docketing of the case. --- CITATION: USCR 21 TITLE: LIMITATION OF ACCESS TO COURT FILES CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21/ TEXT: USCR 21. LIMITATION OF ACCESS TO COURT FILES All court records are public and are to be available for public inspection unless public access is limited by law or by the procedure set forth below. --- CITATION: USCR 21.1 TITLE: Motions and Orders CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.1/ TEXT: USCR 21.1. Motions and Orders Upon motion by any party to any civil or criminal action, or upon the court’s own motion, after hearing, 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. Amended effective October 7, 2010. --- CITATION: USCR 21.2 TITLE: Finding of Harm CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.2/ TEXT: USCR 21.2. Finding of Harm 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. --- CITATION: USCR 21.3 TITLE: Ex Parte Orders CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.3/ TEXT: USCR 21.3. Ex Parte Orders 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. --- CITATION: USCR 21.4 TITLE: Review CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.4/ TEXT: USCR 21.4. Review An order limiting access may be reviewed by interlocutory application to the appellate court that has jurisdiction to hear the appeal. Amended effective January 24, 2019. --- CITATION: USCR 21.5 TITLE: Amendments CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.5/ TEXT: USCR 21.5. Amendments Upon notice to all parties of record and after hearing, an order limiting access may be reviewed and amended by the court entering such order or by the appropriate appellate court at any time on its own motion or upon the motion of any person for good cause. Amended effective January 24, 2019. --- CITATION: USCR 21.6 TITLE: Redaction of Protected Identifiers and Filings Under Seal CHAPTER: Uniform Superior Court Rules — Rule 21: Limitation Of Access To Court Files EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/21.6/ TEXT: USCR 21.6. Redaction of Protected Identifiers and Filings Under Seal (A) Protected Identifiers. Protected identifiers are items of identifying information subject to protection from placement on the public record as described in OCGA § 9-11-7.1. 41 (B) Protected Identifiers in Family Violence and Stalking Protective Orders. Protected identifiers that must be included to qualify a protective order for entry into the Georgia Protective Order Registry or the National Crime Information Center Registry shall be placed on a separate page to follow the other pages of the order. The clerk of court shall utilize the protected identifiers as necessary to process the protective order and then seal the protected identifiers page in the case file without further order of the court. The protected identifiers page shall not be unsealed except upon order of the court or as required by law. (C) Sealing of Filings With Unredacted Protected Identifiers. Any party seeking to make a filing under seal without redaction shall first file a redacted version of the filing with the clerk of court for the public record and then submit the request for filing under seal directly to the court, along with a copy of the filing without redaction and a proposed order to file under seal. (D) Sealing of Filings Containing Personal and Confidential Information. Any party seeking to make a filing under seal which contains additional personal or confidential information other than protected identifiers shall first file a redacted version with the clerk of court for the public record and then submit a request for filing under seal directly to the court, along with a copy of the filing without redaction and a proposed order to file under seal. Adopted effective June 4, 2015. --- CITATION: USCR 22 TITLE: USE OF ELECTRONIC DEVICES IN COURTROOMS AND CHAPTER: Uniform Superior Court Rules — Rule 22: Use Of Electronic Devices In Courtrooms And EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/22/ TEXT: USCR 22. USE OF ELECTRONIC DEVICES IN COURTROOMS AND RECORDING OF JUDICIAL PROCEEDINGS (A) Overview. Open courtrooms are an indispensable element of an effective and respected judicial system. It is the policy of Georgia’s courts to promote access to and understanding of court proceedings not only by the participants in them but also by the general public and by news media who will report on the proceedings to the public. This must be done, however, while protecting the legal rights of the participants in the proceedings and ensuring appropriate security and decorum. Except as otherwise required by law, this rule governs the use of devices to record sounds or images in a courtroom and comports with the standards provided in OCGA § 15-1-10.1 regarding the use of devices to record judicial proceedings. This rule similarly governs the use of electronic devices, including mobile phones and computers, in a courtroom for purposes other than recording sounds and images. Such use is generally allowed by lawyers, by employees of lawyers, and by self-represented parties, but to ensure decorum and avoid distraction, such use is generally prohibited by jurors, witnesses, parties, and spectators, including representatives of the news media. Such persons may, however, use their devices by stepping outside the courtroom, and nothing in this rule prevents a judge from permitting parties and spectators to use their devices for non-recording purposes as the judge may allow in his or her discretion. A court must use reasonable means to advise courtroom visitors of the provisions of this rule and must make the form in Exhibit A available in its clerk’s office and on the court’s website. 42 (B) Definitions. The following definitions apply in this rule: (1) “Recording device” means a device capable of electronically or mechanically storing, accessing, or transmitting sounds or images. The term encompasses, among other things, a computer of any size, including a tablet, a notebook, and a laptop; a smart phone, a cell phone or other wireless phone; a camera and other audio or video recording devices; a personal digital assistant (PDA); and any similar devices. (2) “Recording” means electronically or mechanically storing, accessing, or transmitting sounds or images. “Record” means to electronically or mechanically store, access, or transmit sounds or images, including by photographing, making an audio or video recording, or broadcasting. Nothing in this rule prohibits making written notes and sketches pertaining to any judicial proceedings. (3) “Courtroom” means the room in which a judge will conduct a court proceeding and the areas immediately outside the courtroom entrances or any areas providing visibility into the courtroom. (C) Jurors, witnesses, parties, and spectators, including representatives of the news media. The following restrictions apply to use of recording devices by jurors, including grand jurors and prospective jurors, by witnesses, by parties, and by spectators, including representatives of the news media. (1) Jurors: Jurors shall turn the power off to any recording device while present in a courtroom and while present in a jury room during the jury’s deliberations and discussions concerning a case. Jurors may use their devices during breaks as authorized by the judge. Jurors shall not record proceedings. (2) Witnesses: Witnesses shall turn the power off to any recording device while present in a courtroom, and may use a device while testifying only with permission of the judge. Witnesses shall not record proceedings. (3) Parties and spectators: Parties and spectators may use recording devices to record proceedings only as specifically authorized by the court pursuant to this rule. All parties and spectators shall turn the power off to any recording device while present in a courtroom, unless the judge allows orally or in writing the use of recording devices in the courtroom for purposes other than recording sounds and images, which the judge may freely do when he or she believes such use would not be disruptive or distracting and is not otherwise contrary to the administration of justice. When such use is allowed, recording devices must be silenced and may not be used to make or receive telephone calls or for other audible functions without express permission from the judge. 43 (D) Attorneys, employees of attorneys such as paralegals and investigators, and self- represented parties (pro se litigants). (1) Use of recording devices to record: Unless otherwise ordered by the court, attorneys representing parties in a proceeding and self-represented parties may make audio recordings of the proceeding in a nondisruptive manner after announcing to the court and all parties that they are doing so. Recordings made pursuant to this paragraph may be used only in litigating the case or as otherwise allowed by the court or provided by law. Attorneys and self-represented parties may also seek authorization to record proceedings pursuant to paragraph (E) of this rule. (2) Use of recording devices for non-recording purposes: Attorneys and their employees such as paralegals and investigators may use recording devices in a courtroom for purposes other than recording sounds and images, including word processing, storing or retrieving information, accessing the internet, and sending or receiving messages or information. Self-represented parties may do the same but only in direct relation to their proceedings. Recording devices must be silenced and may not be used to make or receive telephone calls or for other audible functions without express permission from the judge. (3) Limitation: Any allowed use of a recording device under paragraph (D) is subject to the authority of the judge to terminate activity that is disruptive or distracting or is otherwise contrary to the administration of justice. (E) Celebratory or ceremonial proceedings, or when the court is not in session. Notwithstanding other provisions of this rule, a person may request orally or in writing, and a judge or judge’s designee may approve orally or in writing, use of a recording device in a courtroom to record a celebratory or ceremonial proceeding or use of a recording device in a courtroom when the court is not in session. (F) Other persons or organizations desiring to record. Any other persons or organizations, including representatives of the news media, desiring to record a court proceeding shall make application to the judge on the form in Exhibit A following this rule. (1) Submission of a request: The person or organization must submit the request to the judge or to an officer of the court designated to receive requests under this rule. The request should address any logistical issues that are expected to arise. (2) Time limit for submitting a request: The person or organization must submit the request sufficiently in advance of the proceeding — at least 24 hours where practicable under the circumstances — to allow the judge to consider it in a timely manner. (3) Notice and hearing: The court will notify the parties of its receipt of a request for recording. Parties shall then notify their witnesses. The prosecutor of a criminal case shall notify alleged victims. The judge will promptly hold a hearing if the judge intends to deny the request or a portion of the request, or if a party, witness, or alleged victim objects to a request. The hearing under this paragraph shall be part of the official record of the proceeding. 44 (4) Time for a party, witness, or alleged victim to object to a request: A properly notified party, witness, or alleged victim waives an objection to a request for recording of a proceeding if the party, witness, or alleged victim does not object to the request in writing or on the record before or at the start of the proceeding. (G) Denial or limitation of recording. A properly submitted request for recording should generally be approved, but a judge may deny or limit the request as provided in this paragraph. A judge’s decision on a request, or on an objection to a request, is reviewable as provided by law. (1) Denial of recording: A judge may deny a request for recording only after making specific findings on the record that there is a substantial likelihood of harm arising from one or more of the following factors, that the harm outweighs the benefit of recording to the public, and that the judge has considered more narrow restrictions on recording than a complete denial of the request: (a) The nature of the particular proceeding at issue; (b) The consent or objection of the parties, witnesses, or alleged victims whose testimony will be presented in the proceedings; (c) Whether the proposed recording will promote increased public access to the courts and openness of judicial proceedings; (d) The impact upon the integrity and dignity of the court; (e) The impact upon the administration of the court; (f) The impact upon due process and the truth finding function of the judicial proceeding; (g) Whether the proposed recording would contribute to the enhancement of or detract from the ends of justice; (h) Any special circumstances of the parties, witnesses, alleged victims, or other participants such as the need to protect children or factors involving the safety of participants in the judicial proceeding; and (i) Any other factors affecting the administration of justice or which the court may determine to be important under the circumstances of the case. (2) Limitation of recording: Upon his or her own motion or upon the request of a party, witness, or alleged victim, a judge may allow recording as requested or may, only after making specific findings on the record based on the factors in the preceding paragraph, impose the least restrictive possible limitations such as an order that no recording may be made of a particular criminal defendant, civil party, witness, alleged victim, law enforcement officer, or other person, or that such person’s identity must be effectively obscured in any image or video recording, or that only an audio recording may be made of such person. (H) Manner of recording. The judge should preserve the dignity of the proceeding by designating the placement of equipment and personnel for recording the proceeding. All persons and affiliated individuals engaged in recording must avoid conduct or appearance that may disrupt or detract from the dignity of the proceeding. No person shall use any recording device in a manner that disrupts a proceeding. 45 (I) Pooling of recording devices. The judge may require pooling of recording devices if appropriate. The persons or organizations authorized to record have the responsibility to implement proper pooling procedures that meet the approval of the judge. (J) Prohibitions. The following uses of recording devices are prohibited: (1) No use of recording devices while the judge is outside the courtroom: Except as provided in paragraph (E) of this rule, a person may use a recording device in a courtroom only when the judge is in the courtroom, and use of a recording device must terminate when the judge leaves the courtroom. (2) Recording of jurors: Recording devices must be placed to avoid recording images of jurors or prospective jurors in any manner. Audio recordings of jurors’ or prospective jurors’ statements or conversations are also prohibited, except that the jury foreperson’s announcement of the verdict or questions to the judge may be audio recorded. (3) No recording of privileged or confidential communications: In order to preserve the attorney- client privilege and client confidentiality as set forth in the Georgia Rules of Professional Conduct and statutory or decisional law, no person shall make a recording of any communication subject to the attorney-client privilege or client confidentiality. (4) No recording of bench conferences: No person other than the court reporter may record a bench conference, unless prior express permission is granted by the judge. (K) Recording not official court record. No recording of a judicial proceeding made pursuant to this rule may be used to modify or supplement the official court record of that proceeding without express permission of the judge pursuant to OCGA § 5-6-41(f). (L) Disciplinary authorities. This rule does not apply to disciplinary authorities acting in the course of their official duties. (M) Enforcement. Persons who violate this rule may be removed or excluded from the courtroom. A willful violation of this rule may be punishable as contempt of court. 46 EXHIBIT A IN THE SUPERIOR COURT OF _____ COUNTY STATE OF GEORGIA (STYLE OF CASE/CALENDAR) CASE NO. ____ REQUEST TO USE A RECORDING DEVICE PURSUANT TO RULE 22 ON RECORDING OF JUDICIAL PROCEEDINGS. Pursuant to Rule 22 of the Uniform Rules for Superior Court regarding Use of Electronic Devices in Courtrooms and Recording of Judicial Proceedings, the undersigned hereby requests permission to use a recording device in Courtroom ____ in order to record images and/or sound during (all) (the following portions) of the proceedings in the above captioned case/calendar. Consistent with the provisions of the rule, the undersigned desires to use the following described recording device(s): ____. The proceedings that the undersigned desires to record commence on (date). Subject to direction from the court regarding possible pooled coverage, the undersigned wishes to use this device in the courtroom on (date). The personnel who will be responsible for the use of this recording device are: (identify appropriate personnel). The undersigned hereby certifies that the device to be used and the locations and operation of such device will be in conformity with Rule 22 and any guidelines issued by the court. The undersigned understands and acknowledges that a violation of Rule 22 and any guidelines issued by the court may be grounds for removal or exclusion from the courtroom and a willful violation may subject the undersigned to penalties for contempt of court. This ____ day of ____, 20__. ____ (Individual Signature) ____ (Representing/Firm) ____ (Position) APPROVED: ____ ____ Judge, Superior Court ____ Judicial Circuit 47 Amended effective May 1, 2018. --- CITATION: USCR 22.1 TITLE: Audiovisual Media Use in Trials CHAPTER: Uniform Superior Court Rules — Rule 22: Use Of Electronic Devices In Courtrooms And EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/22.1/ TEXT: USCR 22.1. Audiovisual Media Use in Trials For purposes of this rule, the term “media” shall include both audio and video files. (A) Proponents shall use their best reasonable efforts to tender files in a format that is playable in a current version of a commonly used media player, such as Windows® or VLC media player™. (B) The files must be saved on a new or completely formatted USB flash drive that contains only the media files being tendered. (C) Proponents of evidence who require a proprietary player and codecs shall make an effort to convert the media format to one playable by Windows Media Player or VLC media player or any other format designated by the Administrative Office of the Courts. The converted file shall be of similar quality that fairly and accurately depicts the recorded events. If the file cannot be converted, it will be up to the sound discretion of the trial judge to decide what formats are acceptable. (D) If a proprietary player or codec is necessary to play the file, those files shall be included on the same USB drive as the media files or download instructions shall be included. (E) Multiple files may be submitted on one USB drive but shall be titled in a way that makes it clear what exhibits they are. (F) The trial judge, upon sufficient notice to the parties, may require that the media files be presented to court personnel a minimum time before the hearing or trial is scheduled to take place to ensure an effective presentation. (G) Parties frequently appearing in court, law enforcement agencies, prosecutors, public defenders, court reporters, and other attorneys are encouraged to contract with vendors to select products that produce output in commonly playable media formats creating non-proprietary formatted files. (H) Nothing in this rule shall prohibit trial courts from mandating procedures by court order that would require the parties to upload media files to a secure server or case management system that would facilitate playback and transmission to the appellate courts. Adopted effective August 24, 2023. --- CITATION: USCR 23 TITLE: WITHDRAWAL OF FUNDS FROM COURT CHAPTER: Uniform Superior Court Rules — Rule 23: Withdrawal Of Funds From Court EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/23/ TEXT: USCR 23. WITHDRAWAL OF FUNDS FROM COURT Upon any order being presented to a judge requiring the court clerk to pay out funds from the registry of the court, except in garnishment proceedings, counsel for the parties presenting the order shall at the same time submit to the court the following certificate executed by counsel: 48 I hereby certify that the order presented in case no. ____ on this the ____ day of ____, 20__, to draw down funds from the registry of court, is done with written consent of all parties, or their counsel, who have filed claims of record in this case, and whose interest has not previously been foreclosed by judicial decree. In condemnation matters only, I further certify that provision is made in this order for the payment of all local, state and federal government taxes, or assessments of record. I understand that the truth of the statements contained in this certificate is a condition precedent to the issuance of a valid order to pay the funds from the registry of the court. Date ____ Signed ____ Attorney for ____ --- CITATION: USCR 24.1 TITLE: Scope of Domestic Relations Actions CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.1/ TEXT: USCR 24.1. Scope of Domestic Relations Actions Domestic relations actions shall include actions for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, paternity actions, termination of parental rights in connection with adoption proceedings filed in superior court, contempt proceedings relating to enforcement of decrees and orders, petitions in respect to modification of decrees and orders, actions under the Family Violence Act, actions on foreign judgments based on alimony or child support, and adoptions. Domestic relations actions shall also include any direct or collateral attacks on judgments or orders entered in any such actions. Amended effective May 15, 1997. --- CITATION: USCR 24.2 TITLE: Financial Data Required; Scheduling and Notice of Temporary Hearing CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.2/ TEXT: USCR 24.2. Financial Data Required; Scheduling and Notice of Temporary Hearing Except as noted below, at least 5 days before any temporary or final hearing in any action for temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony or attorney’s fees, all parties shall serve upon the opposing party the affidavit specifying his or her financial circumstances in the form set forth herein. In cases involving child support, the worksheet(s) and schedules required by OCGA § 19-6-15 and only as promulgated by the Georgia Child Support Commission shall be completed and served upon the opposing party contemporaneously with the filing of the affidavit required above. In emergency actions, the affidavit, worksheet(s) and schedules may be served on or before the date of the hearing or at any other time as the Court orders. In cases filed with complete separation agreements or consent orders resolving all issues but the issue of divorce, the parties are not required to serve financial affidavits, unless otherwise ordered by the Court. In cases involving child support, the parties must attach to the proposed final judgment a completed worksheet or worksheets and any applicable schedules. In addition, the separation agreement must include the parties’ gross and adjusted incomes. 49 The Office of Child Support Services is exempt from filing financial affidavits. Notice of the date of any temporary hearing shall be served upon the adverse party at least 15 days before the date of the hearing, unless otherwise ordered by the Court. The parties shall serve upon each other the affidavit and worksheet(s) and schedules (where applicable) at least 5 days prior to any mediation or other alternative dispute resolution proceeding. In any case in which a party has previously served the affidavit, worksheet(s) and schedules and thereafter amends the affidavit or worksheet(s) and schedules, any such amendments shall be served upon the opposing party at least 5 days prior to final hearing or trial. On the request of either party, and upon good cause shown to the Court, the affidavits, worksheets, schedules, and any other financial information may be sealed, upon order of the Court. Only the last four digits of social security numbers, tax identification numbers, or financial account numbers shall be included in any document served or filed with the Court pursuant to this rule. No birth date should be included, only the year of birth. See also OCGA § 9-11-7.1. A Certificate of Service shall be filed with the Clerk of Court certifying proper service of the affidavit required above and worksheet(s) and schedules (where applicable). Each party shall submit to the Court the original affidavit and worksheet(s) and schedules (where applicable) at the time of hearing or trial. Failure of any party to furnish the above financial information may subject the offending party, in the discretion of the Court, to the penalties of contempt and may result in continuance of the hearing until the required financial information is furnished and may result in other sanctions or remedies deemed appropriate in the Court’s discretion. Notwithstanding the time limits contained in this rule, the Court may decide a matter without strict adherence to a time limitation, if the financial information was known or reasonably available to the other party, or if a continuance would result in a manifest injustice to a party. The affidavit shall be under oath and in substantially the following form: 50 In the Superior Court of ____ County, Georgia : ____, Plaintiff : v. : Civil Action No. ____ : ____, Defendant : DOMESTIC RELATIONS FINANCIAL AFFIDAVIT 1. AFFIANT’S NAME:____ Age ____ Spouse’s Name: ____ Age ____ Date of Marriage: ____ Date of Separation ____ Names and year of birth of children for whom support is to be determined in this action: Name Year of Birth Resides with ____ ____ ____ Names and year of birth of affiant’s other children: Name Year of Birth Resides with ____ ____ ____ 2. SUMMARY OF AFFIANT’S INCOME AND NEEDS (a) Gross monthly income (from item 3A) $ ____ (b) Net monthly income (from item 3B) ____ (c) Average monthly expenses (item 5A) $ ____ Monthly payments to creditors + ____ Total monthly expenses and payments to creditors (item 5C) ____ 3. A. AFFIANT’S GROSS MONTHLY INCOME (complete this section or attach Child Support Schedule A) (All income must be entered based on monthly average regardless of date of receipt.) 51 Salary or Wages $ ____ ATTACH COPIES OF 2 MOST RECENT WAGE STATEMENTS Commissions, Fees, Tips $ ____ Income from self-employment, partnership, close corporations, and independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ____ Rental Income (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ____ Bonuses $ ____ Overtime Payments $ ____ Severance Pay $ ____ Recurring Income from Pensions or Retirement Plans $ ____ Interest and Dividends $ ____ Trust Income $ ____ Income from Annuities $ ____ Capital Gains $ ____ Social Security Disability or Retirement Benefits $ ____ Workers’ Compensation Benefits $ ____ Unemployment Benefits $ ____ Judgments from Personal Injury or Other Civil Cases $ ____ Gifts (cash or other gifts that can be converted to cash) $ ____ Prizes/Lottery Winnings $ ____ Alimony and Maintenance From Persons Not in This Case $ ____ Assets Which are Used for Support of Family $ ____ Fringe Benefits (if significantly reduce living expenses) $ ____ 52 Any Other Income (do NOT include means-tested public assistance, such as TANF or food stamps) $ ____ GROSS MONTHLY INCOME $ ____ B. Affiant’s Net Monthly Income from Employment (deducting only state and federal taxes and FICA) $ ____ Affiant’s Pay Period (i.e., weekly, monthly, etc.) ____ Number of Exemptions Claimed ____ 4. ASSETS (If you claim or agree that all or part of an asset is non-marital, indicate the non-marital portion under the appropriate spouse’s column and state the amount and the basis: pre-marital, gift, inheritance, source of funds, etc.). Description Value Separate Separate Basis of Asset of Asset of the Claim the Husband the Wife Cash $____ ____ ____ ____ Stocks, Bonds $____ ____ ____ ____ CD’s/Money Market Accounts $____ ____ ____ ____ Bank Accounts (list each account): ____ $____ ____ ____ ____ ____ $____ ____ ____ ____ ____ $____ ____ ____ ____ Retirement Pensions, 401K, IRA, or Profit Sharing $____ ____ ____ ____ Money owed you: $____ ____ ____ ____ Tax Refund owed you: $____ ____ ____ ____ 53 Real Estate: Home: $____ ____ ____ ____ debt owed: $____ Other: $____ ____ ____ ____ debt owed: $____ Automobiles/Vehicles: Vehicle 1: $____ ____ ____ ____ debt owed: $____ Vehicle 2: $____ ____ ____ ____ debt owed: $____ Life Insurance (net cash value): $____ ____ ____ ____ Furniture/Furnishings: $____ ____ ____ ____ Jewelry: $____ ____ ____ ____ Collectibles: $____ ____ ____ ____ Other Assets: $____ ____ ____ ____ ____ $____ ____ ____ ____ ____ $____ ____ ____ ____ ____ $____ ____ ____ ____ Total Assets: $____ ____ ____ ____ 5. A. AVERAGE MONTHLY EXPENSES HOUSEHOLD Mortgage or Rent Payments $ ____ Property Taxes $ ____ Homeowner/Renter Insurance $ ____ Electricity $ ____ Water $ ____ Garbage and Sewer $ ____ Telephone: Residential Line: $ ____ Cellular Telephone: $ ____ Gas $ ____ Repairs and maintenance $ ____ Lawn Care $ ____ Pest Control $ ____ Cable TV $ ____ Misc. Household and Grocery Items $ ____ 54 Meals Outside the Home $ ____ Other $ ____ AUTOMOBILE Gasoline and Oil $ ____ Repairs $ ____ Auto Tags and License $ ____ Insurance $ ____ OTHER VEHICLES (boats, trailers, RVs, etc.) Gasoline and Oil $ ____ Repairs $ ____ Tags and License $ ____ Insurance $ ____ CHILDREN’S EXPENSES Child Care (total monthly cost) $____ School Tuition $____ Tutoring $____ Private Lessons (e.g., music, dance) $____ School Supplies/Expenses $____ Lunch Money $____ Other Educational Expenses (list) ____ $____ ____ $____ Allowance $____ Clothing $____ Diapers $____ Medical, Dental, Prescription (out of pocket/uncovered expenses) $____ Grooming, Hygiene $____ Gifts from Children to Others $____ Entertainment $____ Activities (including extra-curricular, school, religious, cultural, etc.) $____ Summer Camps $____ AFFIANT’S OTHER EXPENSES Dry cleaning/Laundry $ ____ Clothing $ ____ Medical, Dental, Prescription (out of pocket/uncovered expenses) $ ____ Affiant’s Gifts (special holidays) $ ____ Entertainment $ ____ Recreational Expenses (e.g., fitness) $ ____ 55 Vacations $ ____ Travel Expenses for Visitation $ ____ Publications $ ____ Dues, clubs $ ____ Religious and charities $ ____ Pet Expenses $ ____ Alimony Paid to Former Spouse $ ____ Child Support Paid for other children $ ____ Date of Initial Order: ____ Other (attach sheet) $ ____ OTHER INSURANCE Health $ ____ Child(ren)’s Portion: $ ____ Dental $ ____ Child(ren)’s Portion: $ ____ Vision $ ____ Child(ren)’s Portion: $ ____ Life $ ____ Relationship of Beneficiary:____ Disability $ ____ Other (specify): $ ____ TOTAL ABOVE EXPENSES $ ____ B. PAYMENTS TO CREDITORS (please check one) To Whom: Balance Due Monthly Payment Joint Plaintiff Defendant ____ ____ ____ ____ ____ TOTAL MONTHLY PAYMENTS TO CREDITORS: $ ____ C. TOTAL MONTHLY EXPENSES: $ ____ Personally appeared before me, an officer authorized to administer oaths, the undersigned affiant, who upon being sworn, swears that he/she is legally competent to make this affidavit, 56 that the affidavit is based upon personal knowledge, and that the contents of the affidavit are true. ____ Affiant Sworn to and subscribed before me, this ____ day of ____, 20__. ____ Notary Public My commission expires:____ 57 Amended effective January 18, 1990; October 28, 1993; amended November 4, 1999, effective December 16, 1999; amended effective August 12, 2004; January 18, 2007; May 24, 2007; January 17, 2008; October 23, 2008; September 17, 2009; October 7, 2010; September 29, 2011; May 15, 2014; September 18, 2014; August 30, 2018. Rule 24.2A. Monthly Figures Required; Week and Hour to Month Multipliers Except as specified in the child support calculator instructions, all amounts listed must be monthly. In all domestic cases in which a conversion of economic data from weekly to monthly must be made, a conversion factor of 4.35 weeks per month shall be used. In calculating monthly income based upon a forty hour work week, hourly salary shall be multiplied by 174 hours. Adopted effective January 17, 2008; amended effective August 30, 2018. --- CITATION: USCR 24.3 TITLE: Acknowledgement and Waivers CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.3/ TEXT: USCR 24.3. Acknowledgement and Waivers All acknowledgements of service must be witnessed by an official attesting officer or the parties’ counsel. Consent of the parties must be signed by both parties and each signature witnessed in the same manner as required for acknowledgements of service. Amended effective March 9, 1989. --- CITATION: USCR 24.4 TITLE: Notice of Temporary Hearings in Cases Not Involving Financial Matters CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.4/ TEXT: USCR 24.4. Notice of Temporary Hearings in Cases Not Involving Financial Matters Notice of temporary hearings in all domestic relations cases not involving financial matters shall be given to the opposing party in accordance with the notice provisions of Rule 24.2. Adopted effective September 29, 2011. --- CITATION: USCR 24.5 TITLE: Witnesses in Domestic Relations Actions CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.5/ TEXT: USCR 24.5. Witnesses in Domestic Relations Actions (A) At temporary hearings the parties involved and one additional witness for each side may give oral testimony. Additional witnesses must testify by deposition or affidavit unless otherwise ordered by the court. Any affidavit shall be served on opposing counsel at least 24 hours prior to hearing. (B) Except by leave of court, the minor child/children of the parties shall not be permitted to give oral testimony at temporary hearings; such child/children will be excluded from the courtroom or other place of hearing. When custody is in dispute, if directed by the court, minor child/children of the parties shall be available for consultation with the court. At any such consultation, attorneys for both parties may be in attendance but shall not interrogate such child/children except by express permission from the court. Upon request, the proceedings in chambers shall be recorded. --- CITATION: USCR 24.6 TITLE: Uncontested Divorce Actions CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.6/ TEXT: USCR 24.6. Uncontested Divorce Actions Uncontested divorce actions may be heard at times agreeable to counsel and the court, subject to the following rules: 58 (A) By written consent of both parties to a hearing a divorce may be granted any time 31 days after service or filing acknowledgment of service. (B) In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order. (C) A divorce action served by publication may be granted any time suitable to the judge and attorneys 61 days or more after date of the first publication. (D) All divorce actions with orders for publication or acknowledgments of service should be filed prior to or contemporaneously with the signing of the order or acknowledgment. --- CITATION: USCR 24.7 TITLE: Contested Divorce Actions CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.7/ TEXT: USCR 24.7. Contested Divorce Actions Although the court may, in appropriate cases, grant judgment on the pleadings or summary judgment that the moving party is entitled to a divorce as a matter of law, no divorce decree shall be granted unless all contestable issues in the case have been finally resolved. --- CITATION: USCR 24.8 TITLE: Court Mandated Programs in Domestic Relations Cases CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.8/ TEXT: USCR 24.8. Court Mandated Programs in Domestic Relations Cases (A) There may be established by any superior court circuit a program designed to educate the parties to domestic relations actions in regard to the effects of divorce on minor children of the marriage. Establishment of the program shall be by majority vote of the judges of the circuit or by the chief judge, in the event of a tie vote by all judges. (B) The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in any domestic relations action before the court. The program may be administered by the court or by contract with a private agency. The seminar shall be conducted by qualified personnel whose professional and educational experiences include a knowledge of children and families. (C) The seminar shall focus on the effects of divorce on children, specifically as it relates to the parents’ actions during and after the separation, and as it relates to the children at different developmental stages. Specific attention should be given to the effects of the economics of divorce on children. (D) The court or contracted agency may charge each participant a fee, provided there is a fee waiver procedure in cases of indigent parties. The fee may be assessed in addition to court costs against either party in the discretion of the judge. The program shall be non-profit. (E) The mandate of attendance shall be by court order with the assigned judge retaining the discretion to waive attendance for good cause shown. Such good cause may include: a party's non-residence in Georgia or in the county in which the action is pending or the reasonable availability of a similar program to the party or other such reasonable causes which indicate to the court that a party should not be required to complete the program. The court may, in its discretion, accept alternative counseling covering the subject matter of the required seminar. Unless waived, the failure to successfully complete the seminar shall be cause for appropriate action by the assigned judge, including but not limited to, withholding the final decree of divorce, attachment for contempt and award of attorneys’ fees and costs. 59 (F) The assigned judge may, as a discretionary matter, grant a final decree of divorce before completion of the seminar, but shall retain authority to impose sanctions upon either party who fails or refuses to comply with the order to attend and complete the seminar. (G) The various courts which have established a seminar may make reciprocal agreements which would allow a party to attend an approved out-of-county seminar as a substitute for attending the seminar held in the county in which the action is pending. --- CITATION: USCR 24.9 TITLE: Appointment, Qualification and Role of a Guardian ad Litem 1. Appointment CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.9/ TEXT: USCR 24.9. Appointment, Qualification and Role of a Guardian ad Litem 1. Appointment The Guardian ad Litem ("GAL") is appointed to assist in a domestic relations case by the superior court judge assigned to hear that particular case, or otherwise having the responsibility to hear such case. The appointing judge has the discretion to appoint any person as a GAL so long as the person so selected has been trained as a GAL or is otherwise familiar with the role, duties, and responsibilities as determined by the judge. The GAL may be selected through an intermediary. 2. Qualifications A GAL shall receive such training as provided by or approved by the Circuit in which the GAL serves. This training should include, but not be limited to, instruction in the following subjects: domestic relations law and procedure, including the appropriate standard to be applied in the case; domestic relations courtroom procedure; role, duties, and responsibilities of a GAL; recognition and assessment of a child’s best interests; methods of performing a child custody/visitation investigation; methods of obtaining relevant information concerning a child’s best interest; the ethical obligations of a GAL, including the relationship between the GAL and counsel, the GAL and the child, and the GAL and the court; recognition of cultural and economic diversity in families and communities; base child development, needs, and abilities at different ages; interviewing techniques; communicating with children; family dynamics and dysfunction, domestic violence and substance abuse; recognition of issues of child abuse; and available services for child welfare, family preservation, medical, mental health, educational, and special needs, including placement/evaluation/diagnostic treatment services. 3. Role and Responsibilities The GAL shall represent the best interests of the child. The GAL is an officer of the court and shall assist the court and the parties in reaching a decision regarding child custody, visitation and child-related issues. Should the issue of child custody and/or visitation be tried, the GAL shall be available to offer testimony in accordance with provision 6 and 7 herein. The GAL holds a position of trust with respect to the minor child at issue, and must exercise due diligence in the performance of his/her duties. A GAL should be respectful of, and should become educated concerning, cultural and economic diversity as may be relevant to assessing a child’s best interests. 60 A GAL’s appointment, unless ordered otherwise by the Court for a specific designated period, terminates upon final disposition of all matters pertaining to child custody, visitation and child- related issues. The GAL shall have the authority to bring a contempt action, or other appropriate remedy, to recover court-ordered fees for the GAL’s services. 4. Duties By virtue of the order appointing a GAL, a GAL shall have the right to request all records relating to the minor child maintained by the Clerk of the Court in this and any other jurisdiction, other social and human service agencies, the Department of Family and Children Services, and the Juvenile Court. Upon written release and/or waiver by a party or appropriate court order, the GAL shall have the right to examine all records maintained by any school, financial institution, hospital, doctor or other mental health provider, any other social or human services agency or financial institution pertaining to the child which are deemed confidential by the service provider. The GAL shall have the right to examine any residence wherein any person seeking custody or visitation rights proposes to house the minor child. The GAL may request the court to order examination of the child, parents or anyone seeking custody of the child, by a medical or mental health professional, if appropriate. The GAL shall be entitled to notice of, and shall be entitled to participate in all hearings, trials, investigations, depositions, settlement negotiations, or other proceedings concerning the child. 5. Release to GAL of a Party’s Confidential Information from Non-Parties A GAL’s right to request and receive documents and information from mental health professionals, counselors, and others with knowledge of a confidential nature concerning a party is conditional upon the party agreeing to sign a release allowing the GAL access to such records and information. 6. Written Report Unless otherwise directed by the appointing judge, the GAL shall submit to the parties or counsel and to the Court a written report detailing the GAL’s findings and recommendations at such time as may be directed by the assigned judge. At trial, the report shall be admitted into evidence for direct evidence and impeachment purposes, or for any other purposes allowed by the laws of this state. The court will consider the report, including the recommendations, in making its decision. However, the recommendations of the GAL are not a substitute for the court's independent discretion and judgment, nor is the report a substitute for the GAL’s attendance and testimony at the final hearing, unless all parties otherwise agree. a. Contents of Report The report shall summarize the GAL’s investigation, including identifying all sources the GAL contacted or relied upon in preparing the report. The GAL shall offer recommendations concerning child custody, visitation, and child-related issues and the reasons supporting those recommendations. 61 b. Release of Report to Counsel and Parties The Report shall be released to counsel (including counsel’s staff and experts) and parties only, and shall not be further disseminated unless otherwise ordered by the Court. c. Release of GAL's File to Counsel If ordered by the Court, the parties and their counsel shall be allowed to review and/or copy (and shall pay the cost of same) the contents of the GAL’s file. d. Unauthorized Dissemination of GAL’s Report and Contents of File Any unauthorized dissemination of the GAL’s Report, its contents or the contents of the GAL’s file by a party or counsel to any person, shall be subject to sanctions, including a finding of contempt by the Court. e. Sealing of Written Report If filed, the Report shall be filed under seal by the Clerk of Superior Court in order to preserve the security, privacy, and best interests of the children at issue. 7. Role at Hearing and Trial It is expected that the GAL shall be called as the Court’s witness at trial unless otherwise directed by the Court. The GAL shall be subject to examination by the parties and the court. The GAL is qualified as an expert witness on the best interest of the child(ren) in question. The GAL may testify as to the foundation provided by witnesses and sources, and the results of the GAL’s investigation, including a recommendation as to what is in a child’s best interest. The GAL shall not be allowed to question witnesses or present argument, absent exceptional circumstances and upon express approval of the Court. 8. General and Miscellaneous Provisions a. Requesting Mental Fitness and Custody Evaluations Based upon the facts and circumstances of the case, a GAL may request the Court to order the parties to undergo mental fitness and/or custody evaluations to be performed by a mental health expert approved by the Court. The Court shall provide for the parties' responsibility for payment of fees to the appointed experts. b. Filing Motions and Pleadings If appropriate, the GAL may file motions and pleadings if the GAL determines that the filing of such motion or pleading is necessary to preserve, promote, or protect the best interest of a child. This would include the GAL’s right to file appropriate discovery requests and request the issuance of subpoenas. Upon the filing of any such motions or pleadings, the GAL shall promptly serve all parties with copies of such filings. 62 c. Right to Receive Notice of Mediations, Hearings and Trials Counsel shall notify the GAL of the date and time of all mediations, depositions, hearings and trials or other proceedings concerning the child(ren). Counsel shall serve the GAL with proper notice of all legal proceedings, court proceedings wherein the child(ren)’s interests are involved and shall provide the GAL with proper and timely written notice of all noncourt proceedings involving the child(ren)’s interests. d. Approval of Settlement Agreements If the parties reach an Agreement concerning issues affecting the best interest of a child, the GAL shall be so informed and shall have the right and opportunity to make objections to the Court to any proposed settlement of issues relating to the children prior to the Court approving the Agreement. e. Communications Between GAL and Counsel A GAL may communicate with a party’s counsel without including the other counsel in the same conversation, meeting or, if by writing, notice of the communication. When communicating with the GAL, counsel is not required to notify opposing counsel of the communication or, if in writing, provide opposing counsel with a copy of the communication to the GAL. f. Ex Parte Communication Between GAL and the Court The GAL shall not have ex parte communications with the Court except in matters of emergency concerning the child’s welfare or upon the consent of the parties or counsel. Upon making emergency concerns known to the Court, the GAL may request an immediate hearing to address the emergency. Notification shall be provided immediately to the parties and counsel of the nature of the emergency and time of hearing. g. Payment of GAL Fees and Expenses It shall be within the Court’s discretion to determine the amount of fees awarded to the GAL, and how payment of the fees shall be apportioned between the parties. The GAL’s requests for fees shall be considered, upon application properly served upon the parties and after an opportunity to be heard, unless waived. In the event the GAL determines that extensive travel outside of the circuit in which the GAL is appointed or other extraordinary expenditures are necessary, the GAL may petition the Court in advance for payment of such expenses by the parties. h. Removal of GAL from the Case Upon motion of either party or upon the court’s own motion, the court may consider removing the GAL from the case for good cause shown. Adopted effective May 19, 2005; amended effective April 23, 2009. 63 --- CITATION: USCR 24.10 TITLE: Parenting Plans CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.10/ TEXT: USCR 24.10. Parenting Plans In all cases involving permanent custody or custody modification (except when a parent seeks emergency relief for family violence), each parent shall prepare and submit a parenting plan, or the parties may jointly submit a parenting plan, as directed by the judge. The parenting plan should be tailored to fit the needs of each individual family but must at a minimum contain the information required by OCGA § 19-9-1 (b) and be presented in substantially the following form: 64 ____COUNTY SUPERIOR COURT STATE OF GEORGIA : Plaintiff, : Civil Action : v. : Case Number ____ : Defendant. : PARENTING PLAN ( ) The parties have agreed to the terms of this plan and this information has been furnished by both parties to meet the requirements of OCGA § 19-9-1. The parties agree on the terms of the plan and affirm the accuracy of the information provided, as shown by their signatures at the end of this order. ( ) This plan has been prepared by the judge. This plan ( ) is a new plan. ( ) modifies an existing Parenting Plan dated ____. ( ) modifies an existing Order dated ____. Child’s Name Year of Birth I. Custody and Decision Making: A. Legal Custody shall be (choose one:) ( ) with the Mother ( ) with the Father ( ) Joint 65 B. Primary Physical Custodian For each of the children named below the primary physical custodian shall be: y/o/b: ( ) Mother ( ) Father ( ) Joint y/o/b: ( ) Mother ( ) Father ( ) Joint y/o/b: ( ) Mother ( ) Father ( ) Joint y/o/b: ( ) Mother ( ) Father ( ) Joint y/o/b: ( ) Mother ( ) Father ( ) Joint WHERE JOINT PHYSICAL CUSTODY IS CHOSEN BY THE PARENTS OR ORDERED BY THE COURT, A DETAILED PLAN OF THE LIVING ARRANGEMENTS OF THE CHILD(REN) SHALL BE ATTACHED AND MADE A PART OF THIS PARENTING PLAN. C. Day-To-Day Decisions Each parent shall make decisions regarding the day-to-day care of a child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child. D. Major Decisions Major decisions regarding each child shall be made as follows: Educational decisions ( ) Mother ( ) Father ( ) Joint Non-emergency health care ( ) Mother ( ) Father ( ) Joint Religious upbringing ( ) Mother ( ) Father ( ) Joint Extracurricular activities ( ) Mother ( ) Father ( ) Joint ____ ( ) Mother ( ) Father ( ) Joint ____ ( ) Mother ( ) Father ( ) Joint E. Disagreements Where parents have elected joint decision making in Section I.D above, please explain how any disagreements in decision-making will be resolved. ____ 66 ____ ____ ____ II. Parenting Time/Visitation Schedules A. Parenting Time/Visitation During the term of this parenting plan the non-custodial parent shall have at a minimum the following rights of parenting time/visitation (choose an item): ( ) The weekend of the first and third Friday of each month. ( ) The weekend of the first, third, and fifth Friday of each month. ( ) The weekend of the second and fourth Friday of each month. ( ) Every other weekend starting on ____. ( ) Each ____ starting at ____a.m./p.m. and ending ____ a.m./p.m. ( ) Other: ____ ( ) and weekday parenting time/visitation on (choose an item): ( ) None ( ) Every Wednesday evening ( ) Every other Wednesday during the week prior to a non-visitation weekend. ( ) Every ____ and ____ evening. ( ) Other: ____ ____ ____ For purposes of this parenting plan, a weekend will start at ____ a.m./p.m. on [Thursday/Friday/Saturday/Other: ____ ] and end at ____ a.m./p.m. on [Sunday/Monday/ Other: ____ ]. Weekday visitation will begin at _____ a.m./p.m. and will end [___p.m./when the child(ren) return(s) to school or day care the next morning/Other:____ ]. This parenting schedule begins: ( ) ____ (day and time) OR ( ) date of the Court’s Order 67 B. Major Holidays and Vacation Periods Thanksgiving The day to day schedule shall apply unless other arrangements are set forth: ____ ____ beginning ____. Winter Vacation The ( ) mother ( ) father shall have the child(ren) for the first period from the day and time school is dismissed until December ____ at _____ a.m./p.m. in ( ) odd numbered years ( ) even numbered years ( ) every year. The other parent will have the child(ren) for the second period from the day and time indicated above until 6:00 p.m. on the evening before school resumes. Unless otherwise indicated, the parties shall alternate the first and second periods each year. Other agreement of the parents: Summer Vacation Define summer vacation period: ____ The day to day schedule shall apply unless other arrangements are set forth: ____ ____ beginning ____. Spring Vacation (if applicable) Define:____ The day to day schedule shall apply unless other arrangements are set forth: ____ ____ beginning ____. Fall Vacation (if applicable) Define:____ The day to day schedule shall apply unless other arrangements are set forth: ____ ____ beginning ____. C. Other Holiday Schedule (if applicable) Martin Luther King Day ____ ____ Presidents’ Day ____ ____ 68 Mother’s Day ____ ____ Memorial Day ____ ____ Father’s Day ____ ____ July Fourth ____ ____ Labor Day ____ ____ Halloween ____ ____ Child(ren)’s Birthday(s) Mother’s Birthday ____ ____ Father’s Birthday ____ ____ Religious Holidays: ____ ____ ____ ____ ____ ____ Other: ____ ____ _____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Other: ____ ____ ____ Other: ____ ____ ____ D. Other extended periods of time during school, etc. (refer to the school schedule) ____ ____ ____ E. Start and end dates for holiday visitation For the purposes of this parenting plan, the holiday will start and end as follows (choose one): ( ) Holidays that fall on Friday will include the following Saturday and Sunday ( ) Holidays that fall on Monday will include the preceding Saturday and Sunday ( ) Other: ____ 69 F. Coordination of Parenting Schedules Check if applicable: ( ) The holiday parenting time/visitation schedule takes precedence over the regular parenting time/visitation schedule. () When the child(ren) is/are with a parent for an extended parenting time/visitation period (such as summer), the other parent shall be entitled to visit with the child(ren) during the extended period, as follows: ____ ____ G. Transportation Arrangements For visitation, the place of meeting for the exchange of the child(ren) shall be: ____ ____ The ____ will be responsible for transportation of the child at the beginning of visitation. The ____ will be responsible for transportation of the child at the conclusion of visitation. Transportation costs, if any, will be allocated as follows: ____ ____ Other provisions: ____ H. Contacting the Child When the child or children are in the physical custody of one parent, the other parent will have the right to contact the child or children as follows: ( ) Telephone ( ) Other:____ ( ) Limitations on contact: ____ I. Supervision of Parenting Time (if applicable) ( ) Check here if applicable Supervised parenting time shall apply during the day-to-day schedule as follows: 70 Place: ____ Person/Organization supervising: ____ Responsibility for cost: ( ) Mother ( ) Father ( ) Both equally J. Communication Provisions Please check: ( ) Each parent shall promptly notify the other parent of a change of address, phone number or cell phone number. A parent changing residence must give at least 30 days notice of the change and provide the full address of the new residence. ( ) Due to prior acts of family violence, the address of the child(ren) and victim of family violence shall be kept confidential. The protected parent shall promptly notify the other parent, through a third party, of any change in contact information necessary to conduct visitation. III. Access to Records and Information Rights of the Parents Absent agreement to limitations or court ordered limitations, pursuant to OCGA § 19-9-1 (b) (1) (D), both parents are entitled to access to all of the child(ren)’s records and information, including, but not limited to, education, health, extracurricular activities, and religious communications. Designation as a non-custodial parent does not affect a parent’s right to equal access to these records. Limitations on Access Rights: ____ ____ Other Information Sharing Provisions: ____ ____ ____ IV. Modification of Plan or Disagreements Parties may, by mutual agreement, vary the parenting time/visitation; however, such agreement shall not be a binding court order. Custody shall only be modified by court order. Should the parents disagree about this parenting plan or wish to modify it, they must make a good faith effort to resolve the issue between them. V. Special Considerations Please attach an addendum detailing any special circumstances of which the Court should be aware (e.g., health issues, educational issues, etc.) 71 ____ VI. Parents’ Consent Please review the following and initial: 1. We recognize that a close and continuing parent-child relationship and continuity in the child’s life is in the child’s best interest. Mother’s Initials: ____ Father’s Initials: ____ 2. We recognize that our child’s needs will change and grow as the child matures; we have made a good faith effort to take these changing needs into account so that the need for future modifications to the parenting plan are minimized. Mother’s Initials: ____ Father’s Initials: ____ 3. We recognize that the parent with physical custody will make the day-to-day decisions and emergency decisions while the child is residing with such parent. Mother’s Initials: ____ Father’s Initials: ____ ( ) We knowingly and voluntarily agree on the terms of this Parenting Plan. Each of us affirms that the information we have provided in this Plan is true and correct. ____ ____ Mother’s Signature Father’s Signature ORDER The Court has reviewed the foregoing Parenting Plan, and it is hereby made the order of this Court. This Order entered on ____, 20 __. ____ JUDGE ____ COUNTY SUPERIOR COURT 72 Adopted effective May 1, 2008; amended effective September 18, 2014. --- CITATION: USCR 24.11 TITLE: Separate Income Withholding Orders CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.11/ TEXT: USCR 24.11. Separate Income Withholding Orders (A) In all cases in which the payment of child support is ordered, a separate income withholding order stating that the payment of child support shall be made by wage withholding is required, unless: (1) the support is being enforced by the Georgia Department of Human Services; (2) the court issuing the order finds there is good cause not to require such immediate withholding, which includes a finding that wage withholding is not in the best interest of the child, and in cases involving modification of support orders, proof of timely payment of previous ordered support; or (3) a written agreement is reached between both parties which provides for an alternative arrangement. (B) Income withholding orders shall designate the Obligee as the party responsible for initiating the income withholding by completing and transmitting all documents and notices required by Title 19 of OCGA, Title 42 of USC, and the Georgia Family Support Registry. (C) If multiple worksheets are used and more than one amount of support is ordered, a separate income withholding order shall be signed by the court for each such amount of child support ordered. (D) At the same time an income withholding order is submitted to an employer by the party designated in paragraph (B) of this rule, an income withholding notice, which is a form promulgated by the federal Office of Management and Budget (OMB) entitled “Income Withholding for Support,” shall also be completed and submitted to the employer, but that notice shall not be signed by a superior court judge nor filed with a clerk of superior court. Adopted effective June 4, 2015; amended effective August 22, 2019; February 25, 2021; August 21, 2025. --- CITATION: USCR 24.12 TITLE: Required Income Withholding Order Form CHAPTER: Uniform Superior Court Rules — Rule 24 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/24.12/ TEXT: USCR 24.12. Required Income Withholding Order Form Any income withholding order issued pursuant to Rule 24.11 shall be in the following form: 73 IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA ____, ) Plaintiff, ) ) CIVIL ACTION v. ) FILE No. ____ ) ) ____, ) Defendant. INCOME WITHHOLDING ORDER This Court having entered an order establishing, modifying or enforcing a child support obligation owed by the (check one) Plaintiff __ Defendant __, and the Court having determined that an Income Withholding Order (“IWO”) should be entered in accordance with Official Code of Georgia Annotated (“OCGA”) § 19-6-30 et seq., it is ORDERED AND ADJUDGED: 1. Identification of Parties Name of Person Paying Support (“Obligor”): ____ Address of Obligor: ____ Name of Person Receiving Support (“Obligee”): ____ Child(ren): Name: ____ Year of Birth: ____ Name: ____ Year of Birth: ____ Name: ____ Year of Birth: ____ __ Check here if a page is attached naming additional children. 2. Service The Obligee shall initiate wage withholding by completing and transmitting all documents and notices required by OCGA § 19-6-30 et seq.; 42 USC § 666 (b) (6) (A) (ii); and the Georgia Family Support Registry. Additionally, the Obligee shall serve upon the Obligor a copy of this order and all other documents required to be served pursuant to OCGA § 19-6-30 et seq. Service on the Obligor shall be made by personal service, certified mail, statutory overnight delivery with return receipt requested, or by regular mail in accordance with the alternative 74 service provisions of OCGA §§ 9-11-4 (j) and 19-6-33 (c). The Obligee shall also mail a copy of this order to: Family Support Registry P.O. Box 1800 Carrollton, Georgia 30112-1800 3. Effective Date of this Order The effective date of this order shall be as follows: __ Immediately. __ Upon a delinquency equal to one month’s support. This Court finds that good cause was shown to delay the effective date of this order. The Obligee or the IV-D agency* may enforce this IWO by serving a “Notice of Delinquency” on the Obligor as provided in OCGA § 19-6-32 (h). * An “IV-D agency” is a state agency that runs a child support enforcement program under Title IV-D of the federal Social Security Act. 4. Duration of this Order This order hereby supersedes any previous IWO; and it shall remain in force so long as the order of support upon which it is based is effective or arrearages remain upon payment due under such order, or until further order of this Court. Thus, this order shall continue until (check one): __ the last child of the parties for whom the Obligor has a duty to support reaches the age of majority; __ the last child of the parties for whom the Obligor has a duty of support graduates from high school and reaches the age of majority, or reaches the age of 20 years, whichever shall first occur. See OCGA § 19-6-15 (e). 5. Income Withholding The Obligor’s employer, future employer, or any other person, private entity, federal or state government, or any unit of local government providing or administering any periodic form of payment due to the Obligor, regardless of source, including without limitation wages, salary, commissions, bonuses, workers’ compensation, disability, payments from a pension or retirement program, personal injury awards or settlements, and interest, shall withhold from all monies due the Obligor the amounts specified in paragraphs 6 and 7. 75 6. Amount of Withholding The amount withheld pursuant to this order shall be calculated as follows: (a) Current Support: $____ per month. (b) Alimony: $____ per month. (c) Past Due Support: $____ per month. (d) Family Support Registry (“FSR”) Fee: $____**per withholding payment per OCGA § 19-6-33.1 (h). ** Such administrative fee shall be the lesser of $2 per payment, five percent of the amount of each payment, or the actual cost of processing and distributing the child support from the source to the Obligee, which the Family Support Registry has determined to be $1.50. 7. Past Due Support The Obligor named above owes past due support in the amount of $____ as of ____, 20___. The Obligee shall have the right to any additional arrearage that may accrue through the date of the first withholding of income and for all other periods of non-payment. 8. Payment Address The total amount withheld shall be forwarded by the Obligor’s employer (“Payor”) within two business days after each payment date to: Family Support Registry P.O. Box 1800 Carrollton, Georgia 30112-1800 9. Payment Instructions (a) If Payor is withholding child support for more than one IWO, Payor must, upon future modification by Child Support Services or court order, withhold the FSR Fee for each IWO. If the amount Payor is withholding for any one case is $30 or more, the FSR Fee for that IWO is $1.50. If the withholding is less than $30, the FSR Fee is five percent of the amount withheld. (b) The total amount of the Child Support Withholding will decrease, if applicable, after all past due support is paid in full; at that point the amount withheld will be the amount of current support plus the FSR Fee. 76 10. Consumer Credit Protection Act The maximum amount to be withheld by a Payor shall not exceed the amount allowable under Section 303 (b) of the federal Consumer Credit Protection Act (Pub. L. 90-321), 15 USC § 1673 (a), as amended. 11. Duty of Obligor to Ensure Compliance The Obligor is hereby ordered to perform all acts necessary for the proper withholding of the sums stated in this IWO, including delivery of the IWO to his or her employer and future employers, and to personally monitor and confirm on an ongoing basis that the payments withheld are timely and properly withheld from his or her income and forwarded as ordered, correctly identified with the above case. Failure of the employer to perform under this order does not relieve the Obligor of his or her obligation to ensure that payment is made. 12. Wrongful Discharge No Payor shall discharge an Obligor by reason of the fact that income has been subjected to an IWO under OCGA § 19-6-32. A Payor who violates this paragraph is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the Obligee or the Division of Child Support Services, whichever is enforcing the IWO, if any support is due and payable. If no support is due and payable, the penalty shall be paid to the Obligor. SO ORDERED this ____ day of ____, 20____. ____, Judge Superior Court of ____County Prepared and presented by: ____ ____ ____ 77 Adopted effective June 4, 2015; amended effective July 15, 2021; August 21, 2025. --- CITATION: USCR 25.1 TITLE: Motions CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.1/ TEXT: USCR 25.1. 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. Amended effective January 31, 1991. --- CITATION: USCR 25.2 TITLE: Affidavit CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.2/ TEXT: USCR 25.2. 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. Amended effective January 31, 1991. --- CITATION: USCR 25.3 TITLE: Duty of the Trial Judge CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.3/ TEXT: USCR 25.3. 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 trial judge shall not otherwise oppose the motion. In reviewing a motion to recuse, the judge shall be guided by Rule 2.11 of the Georgia Code of Judicial Conduct. Former Rule 25.2 renumbered as Rule 25.3 and amended effective January 31, 1991; amended May 24, 2012; April 9, 2026. --- CITATION: USCR 25.4 TITLE: Procedure Upon a Motion for Disqualification CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.4/ TEXT: USCR 25.4. Procedure Upon a Motion for Disqualification The motion shall be assigned for hearing to another judge, who shall be selected in the following manner: (A) If within a single-judge circuit, the district administrative judge shall select the judge; 78 (B) If within a two-judge circuit, the other judge, unless disqualified, shall hear the motion; (C) If within a multi-judge circuit, composed of three (3) or more judges, selection shall be made by use of the circuit’s existing random, impartial case assignment method. If the circuit does not have random, impartial case assignment rules, then assignment shall be made as follows: (1) The chief judge of the circuit shall select a judge within the circuit to hear the motion, unless the chief judge is the one against whom the motion is filed; or (2) In the event the chief judge is the one against whom the motion is filed, the assignment shall be made by the judge of the circuit who is most senior in terms of service other than the chief judge and who is not also a judge against whom the motion is filed; or (3) When the motion pertains to all active judges in the circuit, the district administrative judge shall select a judge outside the circuit to hear the motion. (D) If the district administrative judge is the one against whom the motion is filed, the judge within the district senior in time of service (or next senior in time of service, if the administrative judge is the one senior in the time of service) shall serve in this selection process instead of the district administrative judge. (E) If all judges within a judicial administrative district are disqualified, including the administrative judge, the matter shall be referred by the disqualified administrative judge to the administrative judge of an adjacent district for the appointment of a judge who is not a member of the district to preside over the motion or case. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as outlined above. Former Rule 25.4 deleted effective January 31, 1991. Former Rule 25.3 renumbered as Rule 25.4 effective January 31, 1991; amended effective May 19, 2005. --- CITATION: USCR 25.5 TITLE: Selection of Judge CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.5/ TEXT: USCR 25.5. Selection of Judge In the instance of any hearing on a motion to recuse or disqualify a judge, the challenged judge shall neither select nor participate in the selection of the judge to hear the motion; if recused or disqualified, the recused or disqualified judge shall not select nor participate in the selection of the judge assigned to hear further proceedings in the involved action. --- CITATION: USCR 25.6 TITLE: Findings and Ruling CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.6/ TEXT: USCR 25.6. Findings and Ruling The judge assigned may consider the motion solely upon the affidavits, but may, in the exercise of discretion, convene an evidentiary hearing. After consideration of the evidence, the judge assigned shall rule on the merits of the motion and shall make written findings and conclusions. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as established in Rule 25.4 above. Any determination of disqualification shall not be competent evidence in any other case or proceedings. Amended effective January 31, 1991. 79 --- CITATION: USCR 25.7 TITLE: Voluntary Recusal CHAPTER: Uniform Superior Court Rules — Rule 25: of these rules EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/25.7/ TEXT: USCR 25.7. Voluntary Recusal If a judge, either on the motion of one of the parties or the judge’s own motion, voluntarily disqualifies, another judge, selected by the procedure set forth in Rule 25.4 above, shall be assigned to hear the matter involved. A voluntary recusal shall not be construed as either an admission or denial to any allegations which have been set out in the motion. Amended effective January 31, 1991. --- CITATION: USCR 26.1 TITLE: Bonds and First Appearance CHAPTER: Uniform Superior Court Rules — Rule 26 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/26.1/ TEXT: USCR 26.1. Bonds and First Appearance Immediately following any arrest but not later than 48 hours if the arrest was without a warrant, or 72 hours following an arrest with a warrant, unless the accused has made bond in the meantime, the arresting officer or the law officer having custody of the accused shall present the accused in person before a magistrate or other judicial officer for first appearance. At the first appearance, the judicial officer shall: (A) Inform the accused of the charges; (B) Inform the accused of the right to remain silent, that any statement made may be used against the accused, and of the right to the presence and advice of an attorney, either retained or appointed; (C) Determine whether or not the accused desires and is in need of an appointed attorney and, if appropriate, advise the accused of the necessity for filing a written application; (D) Inform the accused of his or her right to a later pre-indictment commitment hearing, unless the first appearance covers the commitment hearing issues, and inform the accused that giving a bond shall be a waiver of the right to a commitment hearing; (E) In the case of warrantless arrest, make a fair and reliable determination of the probable cause for the arrest unless a warrant has been issued before the first appearance; (F) Inform the accused of the right to grand jury indictment in felony cases and the right to trial by jury, and when the next grand jury will convene; [In state court, see State Court Rule 26.1(F).] (G) Inform the accused that if he or she desires to waive these rights and plead guilty, then the accused shall so notify the judge or the law officer having custody, who shall in turn notify the judge. (H) Set the amount of bail if the offense is not one bailable only by a superior court judge, or so inform the accused if it is. Amended effective October 28, 1993; October 9, 1997. 80 --- CITATION: USCR 26.2 TITLE: Commitment Hearing by Court of Inquiry CHAPTER: Uniform Superior Court Rules — Rule 26 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/26.2/ TEXT: USCR 26.2. Commitment Hearing by Court of Inquiry (A) At the commitment hearing by the court of inquiry, the judicial officer shall perform the following duties: (1) Explain the probable cause purpose of the hearing; (2) Repeat to the accused the rights explained at the first appearance; (3) Determine whether the accused intends to plead "guilty" or "not guilty," or waives the commitment hearing; (4) If the accused intends to plead guilty or waives the hearing, the court shall immediately bind the entire case over to the court having jurisdiction of the most serious offense charged; (5) If the accused pleads "not guilty" the court shall immediately proceed to conduct the commitment evidentiary hearing unless, for good cause shown, the hearing is continued to a later scheduled date; (6) Cause an accurate record to be made of the testimony and proceeding by any reliable method. (7) The judicial officer shall bind the entire case over to the court having jurisdiction of the most serious offense for which probable cause has been shown by sufficient evidence and dismiss any charge for which probable cause has not been shown. (8) On each case which is bound over, a memorandum of the commitment shall be entered on the warrant by the judicial officer. The warrant, bail bond, and all other papers pertaining to the case shall be forwarded to the clerk of the appropriate court having jurisdiction over the offense for delivery to the district attorney. Each bail bond shall contain the full name, telephone number, residence, business and mailing address(es) of the accused and any surety. (9) A copy of the record of any testimony and the proceedings of the first appearance and the commitment hearing shall be provided to the proper prosecuting officer and to the accused upon payment of the reasonable cost for preparation of the record. (10) A judicial officer, conducting a commitment hearing, is without jurisdiction to make final disposition of the case or cases at the hearing by imposing any fine or punishment, except where the only charge arising out of the transaction at issue is the violation of a county ordinance. (B) At the commitment hearing, the following procedures shall be utilized: (1) The rules of evidence shall apply except that hearsay may be allowed; (2) The prosecuting entity shall have the burden of proving probable cause; and may be represented by a law enforcement officer, a district attorney, a solicitor, a private attorney or otherwise as is customary in that court; (3) The accused may be represented by an attorney or may appear pro se; and (4) The accused shall be permitted to introduce evidence. 81 Amended effective October 28, 1993. --- CITATION: USCR 26.3 TITLE: Delayed Indictments CHAPTER: Uniform Superior Court Rules — Rule 26 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/26.3/ TEXT: USCR 26.3. Delayed Indictments The district attorney shall notify the chief judge in writing of the name of any unindicted accused who has been in custody under criminal felony charges for 45 days within 2 business days after said 45-day period has run. The chief judge may take any action deemed necessary or appropriate under the circumstances. --- CITATION: USCR 27 TITLE: PRE–TRIAL RELEASE PROGRAM CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27/ TEXT: USCR 27. PRE–TRIAL RELEASE PROGRAM This program may be established in any county by the superior court judges of the circuit within which that county lies and the appropriate county governing authorities. --- CITATION: USCR 27.1 TITLE: Structure CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27.1/ TEXT: USCR 27.1. Structure The superior court judges, under whose authority the program shall function, shall appoint a director, setting the qualifications deemed necessary and appropriate for the office. The director shall: (A) Be responsible for the supervision and execution of the duties enumerated hereinafter in connection with the program; (B) Receive such compensation as may be set by the superior court judges from time to time subject to the approval of the governing authority; (C) Hold office at the pleasure of the superior court judges; (D) Employ such assisting and clerical staff as may be authorized and assign them as needed to discharge the functions of the program; and, (E) Develop and promulgate rules, regulations and procedures pertaining to conditional release under the program, subject to the approval of the superior court judges, including such as pertain to the issuance of a bench warrant for the arrest of any individual released under the program who fails to comply with the conditions of the release. --- CITATION: USCR 27.2 TITLE: Duties CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27.2/ TEXT: USCR 27.2. Duties The duties involved in the proper functioning of the program shall include: (A) Securing pertinent data and providing reports containing verified information respecting an accused who has agreed to be considered for release under the program; (B) Conducting such investigation and interviews as may be necessary for the compilation of such reports and submitting the reports to an appropriate judicial officer; (C) Monitoring and reporting to the court the compliance or noncompliance of an accused released under the program with the conditions of release; (D) Providing appropriate documentation to the court respecting performance by an accused 82 complying with the conditions of release so that upon full performance by the accused the sheriff shall return to the party posting deposit bail that portion of the deposit not retained to defray administrative costs; and, (E) Providing appropriate documentation to the court respecting performance by an accused not complying with the conditions of release so that the court having jurisdiction may: (1) enter an order declaring the bond forfeit and requiring that any deposit held in escrow by the sheriff be paid into the county general fund; (2) issue a bench warrant for the arrest of the accused. --- CITATION: USCR 27.3 TITLE: Release Under the Program CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27.3/ TEXT: USCR 27.3. Release Under the Program (A) After reviewing available reports provided pursuant to Rule 27.2(B), upon determination of eligibility, a judicial officer having bail jurisdiction may order an accused person released conditionally and/or released under supervision in lieu of requiring the accused to post a money bond or equivalent security; alternatively the judicial officer may require the accused, prior to release, to deposit with the sheriff a sum of money or equivalent security equal to 10% of the principal amount of the bond which otherwise would be required, referred to hereinafter as "10% bail." (B) No person may receive compensation for acting as surety in respect of posting 10% bail under Rule 27. (C) Of the amount deposited as 10% bail under Rule 27, $10.00 or 10%, whichever is greater, will be transferred immediately to the general fund of the county to defray administrative costs; the amount remaining will be held by the sheriff in an escrow account pending final disposition as provided in Rule 27.2(D) and (E). --- CITATION: USCR 27.4 TITLE: Security Bail Other Than 10% Bail CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27.4/ TEXT: USCR 27.4. Security Bail Other Than 10% Bail In lieu of the bail deposit provided for above, any person for whom bail has been set may execute the bail bond with or without sureties which bond may be secured by: (1) Cash–by a deposit with the sheriff of an amount equal to the required cash bail; or (2) Property–by real estate located within the State of Georgia with unencumbered equity, not exempted, owned by the accused or surety, valued at double the amount of bail set in the bond; or (3) Professional–by a professional bail bondsman authorized by the sheriff and in compliance with the rules and regulations for execution of a surety bail bond. --- CITATION: USCR 27.5 TITLE: Exoneration of Bondsman After Forfeiture CHAPTER: Uniform Superior Court Rules — Rule 27: Pre–Trial Release Program EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/27.5/ TEXT: USCR 27.5. Exoneration of Bondsman After Forfeiture The surety in an appearance bond shall not be relieved from the liability of said bond except upon the filing of a written motion and the entering of an order by the court or one of the judges thereof exonerating said bondsman and payment of all accrued costs. The bondsman shall be 83 responsible for informing the district attorney, in writing, of the reason for failure to produce the body of the defendant as provided in the bond. --- CITATION: USCR 28 TITLE: JAIL CENSUS CHAPTER: Uniform Superior Court Rules — Rule 28: Jail Census EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/28/ TEXT: USCR 28. JAIL CENSUS The sheriff of each county shall furnish to the chief judge, or designee, the district attorney, the chief community supervision officer, and the circuit public defender or its equivalent, at least monthly, a list of all individuals in custody charged with a crime in the county jail or held elsewhere at the sheriff’s direction. Such lists shall include, as to each individual: (A) The individual’s name; (B) The date of arrest; (C) The offense charged, or other reason for being held; (D) The amount of bond; and (E) Whether or not the individual is represented by counsel, and if so, the name of such counsel. Amended effective October 9, 1997; amended effective December 10, 2015. --- CITATION: USCR 29.1 TITLE: Counties to Which This Rule is Applicable CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.1/ TEXT: USCR 29.1. Counties to Which This Rule is Applicable Pursuant to OCGA § 17-12-1 et seq., the following rule is promulgated to provide representation by competent legal counsel of indigent persons in criminal proceedings for those counties not receiving state funds under "The Georgia Indigent Defense Act" (Ga. L. 1979, p. 367, § 1; OCGA § 17-12-30 et seq.). --- CITATION: USCR 29.2 TITLE: Application and Appointment of Counsel CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.2/ TEXT: USCR 29.2. Application and Appointment of Counsel When an accused person, contending to be financially unable to employ an attorney to defend against pending criminal charges or to appeal a conviction, desires to have an attorney appointed, the accused shall make a request in writing to the court or its designee for an attorney to be appointed. The request shall be in the form of an application for appointment of counsel and certificate of financial resources, made under oath and signed by the accused which shall contain information as to the accused’s assets, liabilities, employment, earnings, other income, number and ages of dependents, the charges against the accused and such other information as shall be required by the court. The purpose of the application and certification is to provide the court or its designee with sufficient information from which to determine the financial ability of the accused to employ counsel. The determination of indigency or not shall be made by a judge of a superior court or designee. Upon a determination of indigency the court shall, in writing, authorize the appointment of counsel for the indigent accused. The original authorization of appointment shall be filed with the indictment or warrant in the case; a copy of the authorization shall be forwarded to the clerk, 84 court administrator, public defender or such other person designated by the court to assign an attorney to an indigent defendant. Such person shall notify the accused, the appointed attorney, the sheriff and the district attorney of the appointment. [In state court, see State Court Rule 29.2.] --- CITATION: USCR 29.3 TITLE: The Role of Law Enforcement CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.3/ TEXT: USCR 29.3. The Role of Law Enforcement Any law enforcement authority having custody of any person shall: (A) Allow a person claiming to be indigent and without counsel to immediately complete an application for an attorney and certificate of financial resources and forward such to the court or its designee, for a determination of indigency or not; (B) Clearly advise detained persons of their right to have counsel and that if they cannot afford a lawyer one will be provided to assist them; (C) Accomplish the above procedures as soon as possible after detention; and, (D) Complete an application for an attorney and certificate of financial resources in substantially the following form: 85 IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA STATE OF GEORGIA INDICTMENT NO. v. CHARGE(S): ____ APPLICATION FOR APPOINTMENT OF COUNSEL AND CERTIFICATE OF FINANCIAL RESOURCES I am the defendant in the above-styled action. I am charged with the offense(s) of ____ which is/are a felony/misdemeanor. I can/cannot afford to hire a lawyer to assist me. I do/do not want the court to provide me with a lawyer. I understand that I am providing this information in this declaration in order for the court to determine my eligibility for a court-appointed lawyer, paid by ____ County, to defend me on the above charges. In jail ____ Out on bond ____ Arrest Date ____ 1. Name ____ Telephone No. ____ Mailing address ____ Birth date ____ Age _____ Soc. Sec. No. ____ Highest grade in school completed ____ 2. If employed, employer is ____ Net take home pay is (gross pay minus state, federal and social security taxes): ____ (weekly) ____ (monthly) 3. If unemployed, how long? ____ List other sources of income such as unemployment compensation, welfare or disability income and the amounts received per week or month:____. 4. Are you married ____ Is spouse employed? ____ If yes, by whom ____ Spouse’s net income (week) ____ 5. Number of children living in home: ____ Ages ____ 6. Dependents (other than spouse or children) in home, names, relationship, amount contributed to their support ____ 7. Do you own a motor vehicle? ____ Year and model ____ How much do you owe on it? ____ 8. Do you own a home? ____ Value ____How much do you owe on it? ____ 9. Amount of house payment or rent payment each month ____ 86 10. List checking or savings accounts or other deposits with any bank or financial institution and the amount of deposits: ____ 11. List other assets or property, including real estate, jewelry, notes, bonds or stocks ____ 12. List indebtedness and amount of payments ____ 13. List any extraordinary living expenses and amount (such as regularly occurring medical expenses) ____ 14. Child support payable under any court order ____ 15. Do you understand that whether you are convicted or acquitted ____ County may seek reimbursement of attorney’s fees paid for you if you become financially able to pay or reimburse the county but refuse to do so? ____ I have read (had read to me) the above questions and answers and they are correct and true. The undersigned swears that the information given herein is true and correct and understands that a false answer to any item may result in a charge of perjury. The ____ day of ____, 20__. ____ Defendant’s Signature Sworn to and subscribed before me this ____ day of ____, 20__. ____ Notary Public My Commission Expires ____ ORDER Having considered the above matter, it is the finding of this court that the above-named defendant is/is not indigent under criteria of the Georgia Criminal Justice Act and appropriate court rules and is/is not entitled to have appointed counsel. It is ordered that the clerk, panel administrator, or court administrator assign an attorney practicing in this county to represent the defendant in the above case. Let the defendant and the assigned attorney be notified hereof and furnished a copy of this application and order. This ____ day of ____, 20__. ____ Superior Court Judge ____ Judicial Circuit 87 --- CITATION: USCR 29.4 TITLE: Responsibility for Determination of Eligibility CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.4/ TEXT: USCR 29.4. Responsibility for Determination of Eligibility The financial eligibility of a person for publicly provided counsel should be determined by the court or its designee. The court may appoint counsel in cases where the defendant does not qualify and cannot be provided counsel under provisions of the above. --- CITATION: USCR 29.5 TITLE: Uniform Eligibility Guidelines CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.5/ TEXT: USCR 29.5. Uniform Eligibility Guidelines Income eligibility–Eligible accused persons include all applicants for an attorney with net income below a level set by the applicable superior court and revised periodically. The following special needs of a family unit may be deducted from net income in determining eligibility: (1) Child care expenses for working custodial parents; and, (2) Legally required support payments to dependents, including alimony for the support of a child/children. "Net income" shall include only a client’s take-home pay, which is the gross income earned by a client minus those deductions required by law or as a condition of employment. "Family unit" includes the defendant, a spouse, if the couple lives together, any minors who are unemployed and unmarried, and any infirm or permanently disabled person living with the defendant and for whom the defendant has assumed financial responsibility. The income of a minor who is attending school full time, but has after-school employment or does odd jobs, shall not be attributed to that of the family unit. No other persons, even if living within the same household, will be deemed members of the family unit. In the event an accused person is discovered to have been ineligible at the time of the appointment of an attorney, the court shall be notified. The court may discharge the appointed attorney and refer the matter to the private bar. The attorney should be paid for the time spent on the case and recoupment sought from the ineligible person. Regardless of the prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation. The court may appoint counsel for representation for any accused person who is unable to obtain counsel due to special circumstances such as emergency, hardship, or documented refusal of the case by members of the private bar because of financial inability to pay for counsel. If the accused is determined to be eligible for defense services in accordance with approved financial eligibility criteria and procedures, and if, at the time that the determination is made, the accused is able to provide a cash contribution to offset defense costs without imposing a substantial financial hardship either personally or upon dependents, such contribution may be required as a condition of continued representation at public expense. The court should determine the amount to be contributed. The contribution shall be paid directly to the fund for indigent defense of the affected county. 88 Amended effective October 9, 1997. --- CITATION: USCR 29.7 TITLE: County May Select Method of Providing Counsel CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.7/ TEXT: USCR 29.7. County May Select Method of Providing Counsel A county may use a public defender system, legal aid and defender society, agency for indigent defense, a panel of private attorneys, a combination of the above, or other means, to provide adequate legal defense for indigents accused of felonies. --- CITATION: USCR 29.8 TITLE: Assignment of Cases to Private Attorneys CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.8/ TEXT: USCR 29.8. Assignment of Cases to Private Attorneys (A) Appointments of private attorneys shall be made on an impartial and equitable basis; (B) The cases shall be distributed among the attorneys to ensure balanced workloads through a rotation system; (C) More difficult or complex cases shall be assigned to attorneys with sufficient levels of experience and competence to afford adequate representation; (D) Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision; and, (E) Cases in which the death penalty is sought shall be assigned only to attorneys of sufficient experience, skill and competence to render effective assistance of counsel to defendants in such cases. Amended effective October 9, 1997. --- CITATION: USCR 29.9 TITLE: Fees Paid to Lawyers Under a Panel Program CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.9/ TEXT: USCR 29.9. Fees Paid to Lawyers Under a Panel Program The judge or judges of a multi-judge circuit shall determine the method of compensation to be paid under a panel program. Each program shall prescribe minimum fees to be paid as a total fee, regardless of hours, in certain categories of cases, governed by these rules. In prescribing such minimums, the court shall take into consideration the complexity of the case categories and the corresponding fee that is presently being obtained by competent members of the local bar for such representation where privately retained. While the fee paid under the panel program need not equate that of a corresponding fee obtained by a private practitioner, there should be a reasonable relationship. Compensation for a capital felony case in which the death penalty is sought shall be at the same hourly rate as other cases, but each case should be examined by the court and the fee total should be based on a complete examination of the individual case. Special attention should be given to continuing counsel obligations in death penalty cases when conviction and imposition of the death penalty occur. The court may establish a committee composed of a designee of the chief judge, the local county governing authority and the local bar association to perform the functions of establishing fee guidelines and approval of fees. 89 --- CITATION: USCR 29.10 TITLE: Fee Disputes CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.10/ TEXT: USCR 29.10. Fee Disputes All fee vouchers or requests from panel attorneys shall be submitted to the judge assigned the case or a person or committee designated to review fee requests prior to their submission to the county for payment. --- CITATION: USCR 29.11 TITLE: Independence of Counsel CHAPTER: Uniform Superior Court Rules — Rule 29 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/29.11/ TEXT: USCR 29.11. Independence of Counsel Any indigent defense program shall operate independently and be structured to preserve independence. Independent counsel shall be politically autonomous and free from influence, guidance or control from any other authority in the discharge of professional duties, within the bounds of the law and the Code of Professional Responsibility. --- CITATION: USCR 30.1 TITLE: Calendar CHAPTER: Uniform Superior Court Rules — Rule 30 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/30.1/ TEXT: USCR 30.1. Calendar The judge, or the judge’s designee, shall set the time of arraignment unless arraignment is waived either by the defendant or by operation of law. Notice of the date, time, and place of arraignment shall be delivered to the clerk of the court and sent to attorneys of record, defendants, and bondsmen. Amended effective October 9, 1997. --- CITATION: USCR 30.2 TITLE: Call for Arraignment CHAPTER: Uniform Superior Court Rules — Rule 30 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/30.2/ TEXT: USCR 30.2. Call for Arraignment Before arraignment the court shall inquire whether the accused is represented by counsel and, if not, inquire into the defendant’s desires and financial circumstances. If the defendant desires an attorney and is indigent, the court shall authorize the immediate appointment of counsel. Upon the call of a case for arraignment, unless continued for good cause, the accused, or the attorney for the accused, shall answer whether the accused pleads "guilty," "not guilty" or desires to enter a plea of nolo contendere to the offense or offenses charged; a plea of not guilty shall constitute the joining of the issue. Upon arraignment, the attorney, if any, who announces for or on behalf of an accused, or who is entered as counsel of record, shall represent the accused in that case throughout the trial, unless other counsel and the defendant notify the judge prior to trial that such other counsel represents the accused and is ready to proceed, or counsel is otherwise relieved by the judge. Amended effective October 9, 1997. --- CITATION: USCR 30.3 TITLE: List of Witnesses CHAPTER: Uniform Superior Court Rules — Rule 30 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/30.3/ TEXT: USCR 30.3. List of Witnesses Upon request of defense counsel, the district attorney shall furnish to defense counsel as an officer of the court, in confidence, the addresses and telephone numbers of the state’s witnesses to the extent such are within the knowledge of the district attorney, unless for good cause the judge allows an exception to this requirement, in which event defense counsel shall be afforded an opportunity to interview such witnesses prior to the witness being called to testify. 90 --- CITATION: USCR 31.1 TITLE: Time for Filing; Requirements CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.1/ TEXT: USCR 31.1. Time for Filing; Requirements All motions, demurrers, and special pleas shall be made and filed at or before the time set by law unless time therefor is extended by the judge in writing prior to trial. Unless otherwise provided by law, notice of the state’s intention to introduce child victim hearsay statements, notice of the defense’s intention to raise the issue of insanity, mental illness, or intellectual disability by using expert or non-expert evidence, or the defense’s intention to introduce evidence of specific acts of violence by the victim against third persons, shall be given and filed at least 10 days before trial unless the time is shortened or lengthened by the judge. Such filing shall be in accordance with the following procedures. Amended effective December 30, 1993; amended November 4, 1999, effective December 16, 1999; amended effective August 12, 2004; amended effective November 28, 2013; amended effective June 4, 2015; amended effective July 13, 2017. --- CITATION: USCR 31.2 TITLE: Time for Hearing CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.2/ TEXT: USCR 31.2. Time for Hearing All such motions, demurrers, special pleas and notices shall be heard and considered at such time, date, and place as set by the judge. Generally, such will be heard at or after the time of arraignment and prior to the time at which such case is scheduled for trial. --- CITATION: USCR 31.3 TITLE: Notice of Prosecution’s Intent to Present Evidence of Similar Transactions CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.3/ TEXT: USCR 31.3. Notice of Prosecution’s Intent to Present Evidence of Similar Transactions (Deleted in light of OCGA §§ 24-4-404 (b), 24-4-412 — 24-4-414, and 24-4-417, which set forth procedures for addressing the admissibility of “other crimes, wrongs, or acts.”) Deleted effective June 4, 2015. --- CITATION: USCR 31.4 TITLE: Motion and Order for Evaluation Regarding Mental Competency to Stand Trial CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.4/ TEXT: USCR 31.4. Motion and Order for Evaluation Regarding Mental Competency to Stand Trial (A) In pending superior court cases, except in proceedings for involuntary treatment under OCGA Title 37, or proceedings for the appointment of a guardian under Title 29, where the mental competency of an accused is brought into question, the judge may, upon a proper showing, exercise discretion and require a mental evaluation at public expense. A motion for mental evaluation may be filed in writing, setting out allegations and grounds for such motion, praying for a court-ordered evaluation. The judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating competency to stand trial. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the Department in cooperation with the county sheriff or counsel for the defendant if the defendant is not in custody. The Clerk shall forward a copy of the order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. Unless otherwise ordered by the court, the Department shall submit its report to the requesting judge for distribution to the defendant’s attorney. The evaluation shall be placed under seal and shall not be released absent a 91 court order. Upon the filing of a Plea of Mental Incompetency to Stand Trial, the Court shall submit a copy of the Department’s evaluation to the prosecuting attorney. (B) Upon the filing of a Plea of Mental Incompetency to Stand Trial, the judge shall conduct a bench trial to determine the issue of mental competency to stand trial unless the state or the defendant, within twenty days of filing of the plea, demands a special jury trial. (C) Copies of suggested orders are attached as Specimen Order for Mental Evaluation Re: Competency to Stand Trial, and Specimen Judgment and Order of the Court on the Defendant’s Plea of Mental Incompetency to Stand Trial. 92 Specimen Order for Mental Evaluation Re: Competency to Stand Trial: IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA INDICTMENT NO. V.____ CHARGE(S): ORDER FOR MENTAL EVALUATION Re: COMPETENCY TO STAND TRIAL WHEREAS the mental competency to stand trial of the above defendant has been called into question, and this court has found that it is appropriate for evaluation to be conducted at public expense; IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of said defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to: Competency to Stand Trial. Whether the defendant is capable of understanding the nature and object of the proceedings; whether the defendant comprehends his or her own condition in reference to such proceedings; and, whether the defendant is capable of rendering to counsel assistance in providing a proper defense. IT IS FURTHER ORDERED that the Department arrange with the county sheriff, or if the defendant is not in custody, with the defendant’s attorney, for the prompt evaluation of said defendant, either at the county jail, at a designated hospital, or at a location agreed with defense counsel, with transportation of the defendant to be provided by the sheriff, where necessary, with transportation costs to be borne by the county. Upon completion of the evaluation, if the defendant is in custody, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the defendant. Unless otherwise ordered by the court the Department shall submit its report to the requesting judge for distribution. The Clerk shall forward a copy of this order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. SO ORDERED, this the ____ day of ____, 20__. ____ JUDGE, SUPERIOR COURT ____ JUDICIAL CIRCUIT, GEORGIA 93 Specimen Judgment and Order of the Court on the Defendant’s Plea of Mental Incompetency to Stand Trial: IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA INDICTMENT NO. V.____ CHARGE(S): JUDGMENT AND ORDER OF THE COURT ON THE DEFENDANT’S PLEA OF MENTAL INCOMPETENCY TO STAND TRIAL The above stated case came on regularly before the undersigned for trial this date. The defendant was represented by counsel. After a hearing on defendant’s plea of mental incompetency and due consideration, the plea of Mental Incompetency to Stand Trial is sustained. IT IS, THEREFORE, THE ORDER of this court that the defendant be now delivered to the sheriff of this County and that the defendant be delivered by the sheriff, or the sheriff’s lawful deputy, to the Department of Behavioral Health and Developmental Disabilities, as provided by OCGA § 17-7-130. However, pursuant to OCGA § 17-7-130(c), the Court finds that the defendant is charged with a nonviolent offense and the Court exercises its discretion, and directs that the evaluation is to be performed on an outpatient basis. The Court orders the Department of Behavioral Health and Developmental Disabilities to have a Department physician or licensed psychologist evaluate and diagnose the defendant as to whether there is a substantial probability that the defendant will attain mental competency to stand trial in the foreseeable future. Such evaluation shall be performed within 90 days after the Department has received actual custody of the defendant or, in the case of an outpatient, a court order requiring evaluation of the defendant. IT IS FURTHER ORDERED that at such time as it is determined that the defendant is capable of understanding the nature and object of the proceedings, comprehends his or her own condition in reference to such proceedings, and is capable of rendering to counsel assistance in providing a proper defense, the defendant be delivered by the Department of Behavioral Health and Developmental Disabilities to the sheriff of this county, or the sheriff’s lawful deputy, with transportation costs to be borne by the county. IT IS FURTHER ORDERED that, should the Department of Behavioral Health and Developmental Disabilities determine that in light of present day medical knowledge that recovery of the defendant’s legal mental competency to stand trial is not expected at any time in the foreseeable future, the defendant shall be dealt with by the Department as provided in OCGA § 17-7-130. 94 SO ORDERED, this the ____ day of ____, 20__. ____ JUDGE, SUPERIOR COURT ____JUDICIAL CIRCUIT, GEORGIA 95 Amended effective October 9, 1997; November 10, 2005; May 23, 2013. --- CITATION: USCR 31.5 TITLE: Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability at the Time of the Act CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.5/ TEXT: USCR 31.5. Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability at the Time of the Act (A) If, in any criminal proceeding, the defense intends to raise the issue that the defendant or accused was insane, mentally ill, or intellectually disabled at the time of the act or acts charged against the accused, by using expert or non-expert evidence, such intention must be stated, in writing, in a pleading denominated as “Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability.” This notice shall be filed and served upon the prosecuting attorney in accordance with Rule 31.1. Upon the filing of such notice, the judge shall determine from the prosecuting attorney and the defense attorney whether such issue requires any further mental examination of the accused or any further non-jury hearing relative to this issue. Upon defense motion, the judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating the degree of criminal responsibility or insanity at the time of the act in question. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff. A copy of the order shall be forwarded to the department accompanied by a copy of the indictment, accusation, or specification of charges, a copy of the police arrest report, where available, a copy of the defendant’s Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability if filed, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Any other background information available to the court shall also be forwarded to the evaluating department to assist in performing adequately the requested services. Unless otherwise ordered by the court, the department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice. (B) Except for good cause shown, the issue of insanity shall not be raised in the trial on the merits unless notice has been filed and served ahead of trial as provided in these rules. (C) A copy of a suggested order is attached as Specimen Order for Mental Evaluation re: Degree of Criminal Responsibility or Insanity at the Time of the Act. 96 IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA ) ) ) INDICTMENT NO. v. ) ) CHARGE(S): ____, ) ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY AT THE TIME OF THE ACT WHEREAS, the defendant’s sanity at the time of the act has been called into question, and evidence presented in the matter, and this court has found that it is appropriate for an evaluation to be conducted at public expense; IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of the defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to: Degree of Criminal Responsibility or Insanity at the Time of the Act. Whether or not the accused had the mental capacity to distinguish right from wrong in relation to the alleged act; or whether or not the presence of a delusional compulsion overmastered the accused’s will to resist committing the alleged act. IT IS FURTHER ORDERED that the department arrange with the county sheriff, or the sheriff’s lawful deputies, for the prompt evaluation of said defendant, either at the county jail or at a specified hospital, with transportation costs to be borne by the county. Upon completion of the evaluation, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the accused. The department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice. Copies of documents supporting this request are attached hereto, as follows: ( ) Indictment/Accusation ( ) Summary of previous mental health treatment and prior mental health records ( ) Copy of arrest report ( ) Other ____ So ordered, this the ____ day of ____, 20____. 97 ____ JUDGE, SUPERIOR COURT ____ JUDICIAL CIRCUIT, GEORGIA SPECIMEN ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY AT THE TIME OF THE ACT 98 Amended effective October 9, 1997; November 10, 2005; July 13, 2017. --- CITATION: USCR 31.6 TITLE: Notice of Intention of Defense to Present Evidence of Acts of Violence by the Victim CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.6/ TEXT: USCR 31.6. Notice of Intention of Defense to Present Evidence of Acts of Violence by the Victim (A) The defense may upon notice filed in accordance with Rule 31.1, claim justification and present during the trial of the pending case evidence of relevant specific acts of violence by the victim against third persons. (B) The notice shall be in writing, served upon the state’s counsel, and shall state the act of violence, date, county and the name, address and telephone number of the person for each specific act of violence sought to be introduced. The judge shall hold a hearing at such time as may be appropriate and may receive evidence on any issue of fact necessary to determine the request, out of the presence of the jury. The burden of proving that the evidence of specific acts of violence by the victim should be admitted shall be upon the defendant. The defendant may present during the trial evidence of only those specific acts of violence by the victim specifically approved by the judge. (C) Notice of the state’s intention to introduce evidence in rebuttal of the defendant’s evidence of the victim’s acts of violence and of the nature of such evidence, together with the name, address and telephone number of any witness to be called for such rebuttal, shall be given defendant’s counsel and filed within five days before trial unless the time is shortened or lengthened by the judge. Amended effective December 30, 1993; amended November 4, 1999, effective December 16, 1999. --- CITATION: USCR 31.7 TITLE: Status Conference CHAPTER: Uniform Superior Court Rules — Rule 31 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/31.7/ TEXT: USCR 31.7. Status Conference At any time prior to the trial of a criminal case, the judge may schedule a status conference sua sponte or at the request of any party. At the status conference, the judge may examine and inquire into any issue pending in the case. The status conference shall be attended by all attorneys of record and the defendant(s) as required by law or ordered by the court. Adopted effective January 24, 2019. --- CITATION: USCR 32.1 TITLE: Calendar Preparation CHAPTER: Uniform Superior Court Rules — Rule 32 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/32.1/ TEXT: USCR 32.1. Calendar Preparation All indictments and special presentments shall be set for trial within a reasonable time after arraignment. The judge or designee shall prepare a trial calendar, shall deliver a copy thereof to the clerk of court, and shall give notice in person or by mail to each counsel of record, the bondsman (if any) and the defendant at the last address indicated in court records, not less than 7 days before the trial date or dates. The calendar shall list the dates that cases are set for trial, the cases to be tried at that session of court, the case numbers, the names of the defendants and the names of the defense counsel. Amended effective October 9, 1997. 99 --- CITATION: USCR 32.2 TITLE: Removal from Calendar CHAPTER: Uniform Superior Court Rules — Rule 32 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/32.2/ TEXT: USCR 32.2. Removal from Calendar No case shall be postponed or removed from the calendar except by the judge. --- CITATION: USCR 33.1 TITLE: Alternatives CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.1/ TEXT: USCR 33.1. Alternatives (A) A defendant may plead guilty, not guilty, or in the discretion of the judge, nolo contendere. A plea of guilty or nolo contendere should be received only from the defendant personally in open court, except when the defendant is a corporation, in which case the plea may be entered by counsel or a corporate officer. (B) A defendant may plead nolo contendere only with the consent of the judge. Such a plea should be accepted by the judge only after due consideration of the views of the parties and the interest of the public in the effective administration of justice. Procedurally, a plea of nolo contendere should be handled under these rules in a manner similar to a plea of guilty. [In state court, see State Court Rule 33.1.] --- CITATION: USCR 33.2 TITLE: Aid of Counsel–Time for Deliberation CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.2/ TEXT: USCR 33.2. Aid of Counsel–Time for Deliberation (A) A defendant shall not be called upon to plead before having an opportunity to retain counsel, or if defendant is eligible for appointment of counsel, until counsel has been appointed or right to counsel waived. A defendant with counsel shall not be required to enter a plea if counsel makes a reasonable request for additional time to represent the defendant’s interest, or if the defendant has not had a reasonable time to consult with counsel. (B) A defendant without counsel should not be called upon to plead to any offense without having had a reasonable time to consider this decision. When a defendant without counsel tenders a plea of guilty or nolo contendere to an offense, the court should not accept the plea unless it is reaffirmed by the defendant after a reasonable time for deliberation, following the advice from the court required in section 33.8. --- CITATION: USCR 33.3 TITLE: Propriety of Plea Discussions and Plea Agreements CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.3/ TEXT: USCR 33.3. Propriety of Plea Discussions and Plea Agreements (A) In cases in which it appears that the interests of the public in the effective administration of criminal justice (as stated in section 33.6) would thereby be served, the prosecuting attorney may engage in plea discussions for the purpose of reaching a plea agreement. The prosecuting attorney should engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when the defendant is not eligible for or does not desire appointment of counsel and has not retained counsel. (B) The prosecuting attorney, in reaching a plea agreement, may agree to one or more of the following, as dictated by the circumstances of the individual case: (1) to make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or nolo contendere; 100 (2) to seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or nolo contendere to another offense reasonably related to defendant’s conduct; or (3) to seek or not to oppose dismissal of other charges or potential charges against the defendant if the defendant enters a plea of guilty or nolo contendere. Amended effective October 9, 1997. --- CITATION: USCR 33.4 TITLE: Relationship Between Defense Counsel and Client CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.4/ TEXT: USCR 33.4. Relationship Between Defense Counsel and Client (A) Defense counsel should conclude a plea agreement only with the consent of the defendant, and should ensure that the decision to enter or not enter a plea of guilty or nolo contendere is ultimately made by the defendant. (B) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, should advise the defendant of the alternatives available and of considerations deemed important by him in reaching a decision. --- CITATION: USCR 33.5 TITLE: Responsibilities of the Trial Judge CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.5/ TEXT: USCR 33.5. Responsibilities of the Trial Judge (A) The trial judge should not participate in plea discussions. (B) If a tentative plea agreement has been reached, upon request of the parties, the trial judge may permit the parties to disclose the tentative agreement and the reasons therefor in advance of the time for the tendering of the plea. The judge may then indicate to the prosecuting attorney and defense counsel whether the judge will likely concur in the proposed disposition if the information developed in the plea hearing or presented in the presentence report is consistent with the representations made by the parties. If the trial judge concurs but the final disposition differs from that contemplated by the plea agreement, then the judge shall state for the record what information in the presentence report or hearing contributed to the decision not to sentence in accordance with the plea agreement. (C) When a plea of guilty or nolo contendere is tendered or received as a result of a plea agreement, the trial judge should give the agreement due consideration, but notwithstanding its existence, must reach an independent decision on whether to grant charge or sentence leniency under the principles set forth in section 33.6 of these rules. Amended effective October 9, 1997. --- CITATION: USCR 33.6 TITLE: Consideration of Plea in Final Disposition CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.6/ TEXT: USCR 33.6. Consideration of Plea in Final Disposition (A) It is proper for the judge to grant charge and sentence leniency to defendants who enter pleas of guilty or nolo contendere where the interests of the public in the effective administration of criminal justice are thereby served. Among the considerations which are appropriate in determining this question are: (1) that the defendant by entering a plea has aided in ensuring the prompt and certain application of correctional measures; 101 (2) that the defendant has acknowledged guilt and shown a willingness to assume responsibility for conduct; (3) that the leniency will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction; (4) that the defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial; (5) that the defendant has given or offered cooperation when such cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct; (6) that the defendant by entering a plea has aided in avoiding delay (including delay due to crowded dockets) in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. (B) The judge should not impose upon a defendant any sentence in excess of that which would be justified by any of the rehabilitative, protective, deterrent or other purposes of the criminal law merely because the defendant has chosen to require the prosecution to prove the defendant’s guilt at trial rather than to enter a plea of guilty or nolo contendere. Amended effective October 9, 1997. --- CITATION: USCR 33.7 TITLE: Determining Voluntariness of Plea CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.7/ TEXT: USCR 33.7. Determining Voluntariness of Plea The judge shall not accept a plea of guilty or nolo contendere without first determining, on the record, that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the judge should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence leniency which must be approved by the judge, the judge must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the judge. The judge should then address the defendant personally and determine whether any other promises or any force or threats were used to obtain the plea. Amended effective October 9, 1997. --- CITATION: USCR 33.8 TITLE: Defendant to Be Informed CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.8/ TEXT: USCR 33.8. Defendant to Be Informed The judge should not accept a plea of guilty or nolo contendere from a defendant without first: (A) Determining on the record that the defendant understands the nature of the charge(s); (B) Informing the defendant on the record that by entering a plea of guilty or nolo contendere one waives: (1) the right to trial by jury; 102 (2) the presumption of innocence; (3) the right to confront witnesses against oneself; (4) the right to subpoena witnesses; (5) the right to testify and to offer other evidence; (6) the right to assistance of counsel during trial; (7) the right not to incriminate oneself; and that by pleading not guilty or remaining silent and not entering a plea, one obtains a jury trial; (C) Where a defendant is not represented by counsel, informing the defendant of his right to be assisted by counsel in entering the plea, as well as at trial, and that the defendant is knowingly and voluntarily waiving that right; and (D) Informing the defendant on the record: (1) of the terms of any negotiated plea; (2) that a plea of guilty may have an impact on his or her immigration status if the defendant is not a citizen of the United States; (3) of the maximum possible sentence on the charge, including that possible from consecutive sentences and enhanced sentences where provided by law; and/or (4) of the mandatory minimum sentence, if any, on the charge. This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. Amended effective March 22, 2001; amended effective December 10, 2015. --- CITATION: USCR 33.9 TITLE: Determining Accuracy of Plea CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.9/ TEXT: USCR 33.9. Determining Accuracy of Plea Notwithstanding the acceptance of a plea of guilty, the judgment should not be entered upon such plea without such inquiry on the record as may satisfy the judge that there is a factual basis for the plea. Amended effective October 9, 1997. --- CITATION: USCR 33.10 TITLE: Stating Intention to Reject the Plea Agreement CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.10/ TEXT: USCR 33.10. Stating Intention to Reject the Plea Agreement If the trial court intends to reject the plea agreement, the trial court shall, on the record, inform the defendant personally that (1) the trial court is not bound by any plea agreement; (2) the trial court intends to reject the plea agreement presently before it; (3) the disposition of the present 103 case may be less favorable to the defendant than that contemplated by the plea agreement; and (4) that the defendant may then withdraw his or her guilty plea as a matter of right. If the plea is not then withdrawn, sentence may be pronounced. --- CITATION: USCR 33.11 TITLE: Record of Proceedings CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.11/ TEXT: USCR 33.11. Record of Proceedings A verbatim record of the proceedings at which a defendant enters a plea of guilty or nolo contendere shall be made and preserved. The record should include: (A) The inquiry into the voluntariness of the plea (as required in section 33.7); (B) The advice to the defendant (as required in section 33.8); (C) The inquiry into the accuracy of the plea (as required in section 33.9), and, if applicable; (D) The notice to the defendant that the trial court intends to reject the plea agreement and the defendant’s right to withdraw the guilty plea before sentence is pronounced. [In State Court, see State Court Rule 33.11.] --- CITATION: USCR 33.12 TITLE: Plea Withdrawal CHAPTER: Uniform Superior Court Rules — Rule 33 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/33.12/ TEXT: USCR 33.12. Plea Withdrawal (A) After sentence is pronounced, the judge should allow the defendant to withdraw a plea of guilty or nolo contendere whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice. (B) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty or nolo contendere as a matter of right once sentence has been pronounced by the judge. Amended effective October 9, 1997. --- CITATION: USCR 34 TITLE: UNIFIED APPEAL CHAPTER: Uniform Superior Court Rules — Rule 34: Unified Appeal EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/34/ TEXT: USCR 34. UNIFIED APPEAL Publisher’s Note The Unified Appeal is set forth at: https://www.gasupreme.us/wp-content/uploads/2018/06/UNIFIED_APPEAL-06_06_18.pdf --- CITATION: USCR 35.1 TITLE: Notification to Department of Corrections CHAPTER: Uniform Superior Court Rules — Rule 35 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/35.1/ TEXT: USCR 35.1. Notification to Department of Corrections As soon as practical after the imposition of the sentence or modification of an earlier disposition, the clerk shall notify the commissioner of the Department of Corrections of the sentence, and shall mail to such department the documentation required by law. Disposition reports shall be forwarded to the Georgia Crime Information Center (GCIC) not more than 30 days after disposition decisions. Amended effective March 9, 1989. 104 --- CITATION: USCR 35.2 TITLE: Sentencing and Sentence Review CHAPTER: Uniform Superior Court Rules — Rule 35 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/35.2/ TEXT: USCR 35.2. Sentencing and Sentence Review Sentences shall be imposed and reviewed in accordance with OCGA § 17-10-1 et seq., as amended from time to time. --- CITATION: USCR 36.1 TITLE: Preparation of Documents CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.1/ TEXT: USCR 36.1. Preparation of Documents Except as authorized or directed by a judge, to the extent practical, all materials presented for filing in any superior court shall be typed, legibly written or printed on one side only in blue or black ink suitable for reproduction, on opaque white paper measuring 8 1/2″ x 11″, of a good quality, grade and weight. Manuscript covers and backings shall be omitted wherever practical. [In State Court, see State Court Rule 36.1.] Amended effective December 22, 2005; amended effective September 22, 2016. --- CITATION: USCR 36.2 TITLE: Time of Docketing CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.2/ TEXT: USCR 36.2. Time of Docketing Actions shall be entered by the clerk in the proper docket immediately or within a reasonable period after being received in the clerk’s office. --- CITATION: USCR 36.3 TITLE: Caption CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.3/ TEXT: USCR 36.3. Caption Every document or pleading presented for filing in a superior court shall bear a caption which sets out the exact nature of the pleading or the type of complaint. --- CITATION: USCR 36.4 TITLE: Signatures on Documents Filed of Record CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.4/ TEXT: USCR 36.4. Signatures on Documents Filed of Record All proposed judgments and orders shall bear the printed name of the responsible attorney or party who prepared the document, with the preparer’s bar number, proper address, telephone number, fax number and e-mail address typed or printed underneath. To the extent practicable, signature pages of documents filed of record including pleadings, agreements and orders shall not be set forth on a page separated from the contents of the document. On any document filed of record, including but not limited to pleadings, agreements and orders, where a signature is set forth on a separate page from the contents of the document, the signature page must identify the parties, the case number, and the document. Amended effective May 24, 2012. --- CITATION: USCR 36.5 TITLE: Location of Original CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.5/ TEXT: USCR 36.5. Location of Original All original documents, petitions and pleadings in both civil and criminal matters shall remain in the custody of the clerk except as provided by the judge, these rules, or as otherwise provided by law; provided, however, that this rule shall not prohibit an attorney of record’s checking the file out for transportation to the judge for a hearing. 105 --- CITATION: USCR 36.6 TITLE: Minutes and Final Record CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.6/ TEXT: USCR 36.6. Minutes and Final Record There shall be one or more books or microfilm records (combined "Minutes Book", "Writ or Pleading Record" and "Final Record") called Minutes and Final Record in which each entire matter shall be recorded after completion. (This does not include adoptions.) After recording, the original may be destroyed according to the state retention schedule or stored off premises as provided by law. [In State Court, see State Court Rule 36.6.] --- CITATION: USCR 36.7 TITLE: Filing of Transcripts CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.7/ TEXT: USCR 36.7. Filing of Transcripts Transcripts in all matters shall be filed as provided by law and the clerk shall not be required to record or preserve these in a bound book or on microfilm. --- CITATION: USCR 36.8 TITLE: File Categories CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.8/ TEXT: USCR 36.8. File Categories The categories of files to be established by the clerk shall be civil, criminal, and adoptions. [In State Court, see State Court Rule 36.8.] --- CITATION: USCR 36.9 TITLE: Identification CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.9/ TEXT: USCR 36.9. Identification Each matter, civil, criminal, adoption, or otherwise, shall be identified by year of filing, type of case, consecutive case number and judge assignment where required. The sequence shall be as follows: year of filing–type of case–consecutive case number–judge assignment. --- CITATION: USCR 36.10 TITLE: Filing Requirements–Civil CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.10/ TEXT: USCR 36.10. Filing Requirements–Civil Complaints or petitions presented to the clerk for filing shall be filed only when accompanied by the proper filing fee, fee for sheriff service or a pauper’s affidavit, a civil case initiation form, and, when applicable, any forms required by law or rule to be completed by the parties. The attorney or party filing the complaint shall furnish the necessary service copies. Judgments, settlements, dismissals and other dispositions presented to the clerk for filing shall be filed only when accompanied by a civil case disposition form. [In State Court, see State Court Rule 36.10.] Amended effective January 18, 1990. --- CITATION: USCR 36.11 TITLE: Return of Service–Civil CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.11/ TEXT: USCR 36.11. Return of Service–Civil Entry of return of service shall be made by the sheriff or other authorized person on a form provided by the clerk and filed with the clerk. --- CITATION: USCR 36.12 TITLE: Advance Costs–Civil CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.12/ TEXT: USCR 36.12. Advance Costs–Civil Advance costs paid upon filing shall be the minimum costs in a case. --- CITATION: USCR 36.13 TITLE: Filing Requirements–Criminal CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.13/ TEXT: USCR 36.13. Filing Requirements–Criminal All indictments, no bills, and accusations presented to the clerk shall be filed and should be accompanied by all applicable documents including arrest warrants, if issued, and the Georgia Crime Information Center OBTS form, if the offense is one for which an OBTS form is applicable. 106 Pursuant to OCGA § 15-6-11, the chief superior court judge of each judicial circuit shall assist the superior court clerks and prosecutors within the judicial circuit with the implementation and continued maintenance of uniform standards for the creation and transmission of criminal history data by and between local and state criminal justice agencies. A superior court judge may order any party to provide data needed by a clerk or a prosecutor to facilitate transmission of data. Each judicial circuit or counties in each judicial circuit shall have an agreed-upon compliance protocol that outlines the timely production of criminal data to include provisions for the accuracy, completeness, uniformity, integration, accessibility, and security of said data and based on approved state standards and data elements. Such protocol shall be reviewed at least biennially and updated as needed. Amended effective July 25, 2024. --- CITATION: USCR 36.14 TITLE: Filing of No Bills CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.14/ TEXT: USCR 36.14. Filing of No Bills The clerk shall prepare a list of all no bills, a copy of which shall be recorded in the Minutes and Final Records. No bills shall be filed chronologically by date of filing. --- CITATION: USCR 36.15 TITLE: Assessment of Costs–Criminal CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.15/ TEXT: USCR 36.15. Assessment of Costs–Criminal When costs are assessed the minimum amount assessed as court costs in the disposition of any criminal offense shall be $100.00. Any surcharge provided for by law shall be in addition. [In State Court, see State Court Rule 36.15.] --- CITATION: USCR 36.16 TITLE: Electronic Filing CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.16/ TEXT: USCR 36.16. Electronic Filing (A) Availability. Electronic filing shall be available when required by law and may be made available in a court, or certain classes of cases therein, in conformity with statewide minimum standards and rules for electronic filing adopted by the Judicial Council. (B) Documents that may be filed electronically. Where electronic filing is available, a document may be electronically filed in lieu of paper by the court, the clerk and any registered filer unless electronic filing is expressly prohibited by law, these rules or court order. Electronic filing is expressly prohibited for documents that according to law must be filed under seal or presented to a court in camera, or for documents to which access is otherwise restricted by law or court order. Original depositions are not “sealed documents” within the meaning of this paragraph and may be filed electronically. See Judicial Council Rule 9. (C) Signatures. An electronically filed document is deemed signed by the registered filer submitting the document as well as by any other person who has authorized signature by the filer. By electronically filing the document, the filer verifies that the signatures are authentic. (D) Time of filing. An electronic document is presumed filed upon its receipt by the electronic filing service provider, which provider must automatically confirm the fact, date and time of receipt to the filer. Absent evidence of such confirmation, there is no presumption of filing. (E) Electronic service. Upon filing, an electronically filed document is deemed served on all parties and counsel who have waived any other form of service by registering with the electronic 107 filing system to receive electronic service in the case and who receive notice via the system of the document's filing. (F) System or user filing errors. If electronic filing or service is prevented or delayed because of a failure of the electronic filing system, a court will enter appropriate relief such as the allowance of filings nunc pro tunc or the provision of extensions to respond. (G) Force and effect. Electronically filed court records have the same force and effect and are subject to the same right of public access as are documents filed by traditional means. (H) Pro se parties. To protect and promote access to the courts, courts shall reasonably accommodate pro se parties by accepting and then converting and maintaining in electronic form paper pleadings or other documents received from pro se filers. (I) Procedure for handling misfiled or otherwise deficient or defective e-filings. Upon physical acceptance and review of an e-filing and discovery that it was misfiled or is otherwise deficient or defective, a clerk shall as soon as practicable provide the e-filer notice of the defect or deficiency and an opportunity to cure or, if appropriate, reject the filing altogether. In any case, the clerk shall retain a record of the action taken by the court in response, including date, time, and reason. Such records shall be maintained until a case is finally concluded including the exhaustion of all appeals. Absent a court order to the contrary, such records shall be accessible to the parties and public upon request without the necessity for a subpoena. Adopted effective June 4, 2015; amended effective January 16, 2020. --- CITATION: USCR 36.17 TITLE: Sensitive Information CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.17/ TEXT: USCR 36.17. Sensitive Information (A) In accord with OCGA § 9-11-7.1 and in order to promote public electronic access to case files while also protecting sensitive information, pleadings and other papers filed with a court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court shall include only: (1) The last four digits of a social security number; (2) The last four digits of a taxpayer identification number; (3) The last four digits of a financial account number; and (4) The year of an individual’s birth. (B) The responsibility for omitting or redacting these personal identifiers rests solely with counsel and the parties. The clerk will not review filings for compliance with this rule. (C) A party having a legitimate need for the above information may obtain it through the ordinary course of discovery without further order of the court. 108 (D) This rule does not create a private right of action against a court, a clerk, counsel or any other individual or entity that may have erroneously included identifying information in a filed document that is made available electronically or otherwise. (E) This rule does not amend or modify Uniform Superior Court Rule 21, Limitation of Access to Court Files. Adopted effective June 4, 2015. --- CITATION: USCR 36.18 TITLE: Electronic Signatures CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.18/ TEXT: USCR 36.18. Electronic Signatures (A) Judges are authorized but not required to electronically sign all orders and judgments. (B) Judges shall seek to use the most secure method of signing available, which should be auditable in order to determine the identity of the signer or designee. (C) When practicable, any document signed with a judge’s electronic signature shall not be editable upon the application of the judge’s electronic signature. (D) When practicable, the judge’s electronic signature shall be accompanied by a date, time stamp, and the case number. Adopted effective February 25, 2021. --- CITATION: USCR 36.19 TITLE: Digital Recording of Court Proceedings CHAPTER: Uniform Superior Court Rules — Rule 36 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/36.19/ TEXT: USCR 36.19. Digital Recording of Court Proceedings (A) Application of Rule. This rule for digital recording shall apply to all superior court proceedings for which the use of a digital recording system is authorized pursuant to OCGA §§ 5-6-41, 9-14-50, and 15-14-1. This rule does not apply to depositions, the takedown of which is governed by OCGA § 9-11-30 (b) (4). (B) Operation of Digital Recording Systems. (1) Digital Monitors. The term “digital monitor,” as used in this rule, refers to the individual who operates a digital recording system. To serve as a digital monitor, an individual must: (a) be at least 18 years of age, (b) be a high school graduate (or equivalent), and (c) have undergone training approved by the chief judge of the circuit to provide the skills necessary for effective and reliable operation of the digital recording system. A digital monitor shall use his or her best efforts to accurately and reliably record the proceedings and monitor the effectiveness of the digital recording system to the end that the digital recording may be used by a certified court reporter to create an accurate transcript of the proceedings. (2) Storage. The digital monitor is responsible for producing digital recordings of court proceedings using a digital recording system. These digital recordings shall be the property of 109 the court in which they are created. The court, through the clerk of court, court administrator, or other designee, shall retain the digital recordings in accordance with the Official Judicial Branch Court Records Retention Schedules. (3) Transcription. If a party seeks a transcript of a proceeding that has been recorded by a digital recording system as contemplated by this rule, the party shall request that the court send a copy of the digital recording to a certified court reporter who is authorized by the Board of Court Reporting to create transcripts. That certified court reporter shall be authorized to prepare and certify the transcript to the same extent that he or she is currently permitted to prepare and certify transcripts for proceedings that he or she attended and took down through any means authorized by the Board. The form and style of the transcript shall comply with all applicable rules and regulations. The transcript shall not be created by the digital monitor unless the digital monitor is also a certified court reporter. Any transcript made from a digital recording of a proceeding for which the certified court reporter was not present shall bear a statement as such: “I, [Name], Certified Court Reporter, do hereby certify that the foregoing transcript was generated from a digital recording made outside my presence after a review of the recording, as well as any related materials, and that it is true and correct to the best of my ability. I have noted any possible inaccuracies or limitations inherent in the digital recording.” (C) Technical Requirements of Digital Recording Systems. Each circuit that implements a digital recording system shall determine which recording system(s) it will use, subject to the following minimum requirements: 1. Each system shall record the audio of a court’s proceedings and store the recording in a digital format. 2. Each system shall support multiple channel recording. 3. Each system shall allow the creation of digital backups. 4. Each system must be able to access a digital recording using rewind, fast forward, search by timestamp, and other direct access methods to enable a system operator to quickly find passages of interest. 5. Each system must continuously monitor all microphones. 6. Each system must continuously monitor the storage medium and provide at least visual indication to the operator that the signal is being recorded. 7. Each system shall include microphones on counsel tables that are individually mutable by the user. (D) Local Protocols. Each circuit that chooses to utilize a digital recording system shall establish its own internal written policies for managing the digital takedown process. Adopted effective February 26, 2026. 110 --- CITATION: USCR 37 TITLE: COURT ADMINISTRATORS CHAPTER: Uniform Superior Court Rules — Rule 37: Court Administrators EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/37/ TEXT: USCR 37. COURT ADMINISTRATORS (A) The district court administrator performs such district administrative duties as are prescribed from time to time. (B) The courts of various counties may, with the consent of local governing authorities, appoint a local court administrator, with such compensation, duties, and term as may be specified in such appointment. The local court administrator may perform general administrative and managerial supervision over the administrative activities and functions of the court and the personnel connected therewith, except the staff of any elected official. The court administrator may be responsible for the enforcement of the courts’ administrative policies and procedures and may directly supervise and direct the employees who are necessary to the operation of the courts. --- CITATION: USCR 38 TITLE: FILING OF REMITTITUR AND JUDGMENT CHAPTER: Uniform Superior Court Rules — Rule 38: Filing Of Remittitur And Judgment EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/38/ TEXT: USCR 38. FILING OF REMITTITUR AND JUDGMENT After receiving the remittitur and judgment of an appellate court, a copy of the notice of appeal, the remittitur and the index of each appeal shall be filed with the original action and the balance of the copy of the record destroyed, although the original shall be retained. If two or more cases are involved in one appeal, the above-referenced material shall be placed in one of the case files and a cross-reference to that file shall be noted in the remaining file(s). --- CITATION: USCR 39.1 TITLE: Dockets to be Maintained CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.1/ TEXT: USCR 39.1. Dockets to be Maintained Each clerk shall maintain the dockets as provided in this Rule 39 of the following, each of which shall include the information required under these rules. Each docket shall bear the name of the docket, the county, and a unique consecutive number. No other dockets shall be required to be kept except those relating to real estate. --- CITATION: USCR 39.2 TITLE: The Civil Docket CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.2/ TEXT: USCR 39.2. The Civil Docket The Civil Docket shall contain separate case number entries for all civil actions filed in the office of the clerk including: complaints, motions, URESA’s, domestic relations, contempt actions, modifications on closed civil actions, and all other actions civil in nature, except adoptions. Each action in the civil docket shall be indexed by the names of all parties to the action number or the civil docket book and page number. This docket shall contain entries of the following information: (A) Action Number–a unique case number shall be assigned to each action as prescribed in Rule 36.9; (B) Cause of Action–an entry of the specific type of action filed; (C) Names of all attorneys of record; (D) Names of all parties; 111 (E) Date of filing; (F) Advance cost paid; (G) Additional costs paid; (H) Date of service; (I) Type of service, including whether a second original is sent and where; (J) The date and type of specific disposition of the action, including clear entries for: (1) Dismissals (with or without prejudice); (2) Settlements; (3) Judgments and the type of judgment, i.e., summary, default, on the pleadings, consent, on the verdict, notwithstanding the verdict, directed and so forth. In the event the case is a divorce, enter final decree and the type of judgment; (4) Five-year or other administrative termination; and (5) Transfer to court with proper jurisdiction and venue. (K) Whether the verdict or judgment is for the plaintiff or the defendant; (L) Whether there was a mistrial; (M) The date of the trial, if any; (N) Whether the case was tried (with or without jury); (O) The name of the judge making the final disposition of the case; (P) Date a Fi. Fa. was issued; (Q) A cross-reference to the minutes and final record and page number; (R) A cross-reference to the records storage area and box number if the case file is stored off- site; and (S) A summary of all pleadings in the case and the dates of their filings, transcripts filed, motions for new trial, notices of appeal, and remittiturs. --- CITATION: USCR 39.2.1 TITLE: Civil Case Initiation Form CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.2.1/ TEXT: USCR 39.2.1. Civil Case Initiation Form The clerk shall require the attorney filing a civil action to complete the civil case initiation form. The clerk shall enter the action number for the case on the civil case initiation form and the form shall become part of the file for the case. The clerk shall use the cause(s) of action indicated by the attorney completing the form to enter the cause(s) of action upon the civil docket of the court, unless it appears to the satisfaction of the clerk by an inspection of the pleadings that the cause(s) of action has been recorded in error by the attorney. If the wrong cause(s) of action has been 112 recorded, the clerk shall correct the civil case initiation form and enter the correct cause(s) of action upon the civil docket of the court. Amended effective January 18, 1990. --- CITATION: USCR 39.2.2 TITLE: Modification of the Civil Case Initiation Form CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.2.2/ TEXT: USCR 39.2.2. Modification of the Civil Case Initiation Form If additional information is deemed necessary by the court at filing, the civil case initiation form may be modified to include new items by using the blank space available at the bottom of the form. Amended effective January 18, 1990. --- CITATION: USCR 39.2.3 TITLE: Civil Case Disposition Form CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.2.3/ TEXT: USCR 39.2.3. Civil Case Disposition Form Any order disposing of a civil action presented for consideration to a judge by any attorney or party shall be accompanied by a completed civil case disposition form. If the order is prepared or reframed by the court, the court shall cause the civil case disposition form to be completed or corrected, if necessary. The civil case disposition form shall be sent to the clerk along with the relevant order to become part of the file for the case. The clerk shall require any attorney or party filing a voluntary dismissal or settlement of a civil action to complete a civil case disposition form. The form shall become part of the file for the case. The clerk shall use the specific type of disposition found on the completed civil case disposition form to enter the specific type of disposition upon the civil docket of the court, unless it appears to the satisfaction of the clerk by an inspection of the order that the type of disposition has been recorded in error. If the wrong type of disposition has been recorded, the clerk shall correct the civil case disposition form and enter the correct type of disposition upon the civil docket of the court. Amended effective January 18, 1990. --- CITATION: USCR 39.2.4 TITLE: Modification of the Civil Case Disposition Form CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.2.4/ TEXT: USCR 39.2.4. Modification of the Civil Case Disposition Form If additional information is deemed necessary by the court at disposition, the civil case disposition form may be modified to include new items by using the blank space available at the bottom of the form. Amended effective January 18, 1990. --- CITATION: USCR 39.3 TITLE: The Criminal Docket CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.3/ TEXT: USCR 39.3. The Criminal Docket The Criminal Docket shall contain a record of all criminal indictments in which true bills are rendered and all accusations filed in the office of the clerk of superior court and a summary of the pleadings in each case. Entries shall be made of the following information: (A) Number–a unique number shall be assigned to each indictment which receives a true bill or accusation filed pursuant to Rule 36.9; (B) Date of filing; (C) Names of defendants and their OBTS numbers (the preprinted Offender Tracking No. found on the GCIC final disposition report); 113 (D) Names of defense attorneys; (E) An enumeration of the specific types of offenses (counts); (F) Whether the case was brought by accusation or indictment; (G) Whether each count is a felony or misdemeanor, or a traffic ticket, and if a traffic ticket, the citation number; (H) The name of the judge making the final disposition of the case; (I) The plea and date of plea for each count in the case, including whether the plea was guilty, not guilty, nolo contendere, mentally incompetent to stand trial, and whether or not the plea was negotiated; (J) Whether the case was tried with or without a jury; (K) The disposition for each count in the case and the date of disposition including whether the count was dismissed, a nolle prosequi entered, a verdict of guilty was rendered, a verdict of not guilty was rendered, a verdict of not guilty by reason of insanity, or a verdict of guilty but mentally ill; (L) A listing of the dates and types of proceedings in the case including motions for new trials; (M) The date and type of sentence including term, conditions, and amount of costs, fines or restitution for each defendant; (N) The date of issuance of a bench warrant and officer’s return; (O) The date of issuance of a judgment absolute; (P) The date of issuance of scire facias; (Q) The date the transcript was filed; (R) The date application was made for sentence review; (S) The date notice of appeal was filed; (T) The date the remittitur was filed; (U) A cross-reference to the minutes and final record and page number; and (V) A cross-reference to the records storage area and box number if the case file is stored off- site. --- CITATION: USCR 39.3.1 TITLE: Semi-Annual Lists of Felony Cases CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.3.1/ TEXT: USCR 39.3.1. Semi-Annual Lists of Felony Cases No later than 30 days after January 1 and July 1 of each calendar year, the superior court clerk of the county or counties in each judicial circuit shall submit a list of all felony cases either pending judgment on a motion for new trial or transmission of a record on appeal in that court to the judges of that court in a format specified by the Administrative Office of the Courts. The list 114 shall include the following information: sentencing judge, assigned judge, counsel of record, the date of the sentence, the date the transcript was filed, the date a motion for new trial or an amended motion for new trial was filed, whether a motion for new trial has been ruled upon, the date a notice of appeal was filed, and whether the record is ready for transmittal. The cases shall be listed in order of length of time pending. No later than 10 days from receipt of the initial list, the chief judge of the superior court for each judicial circuit shall submit a final list electronically to the clerk of the Supreme Court. The list shall be filed in the superior court clerk’s office as a court record available pursuant to Rule 21. The list also shall be provided to the district attorney and the circuit public defender. The Supreme Court shall make the list available to the public. The Supreme Court may take such other action to address unjustified delays in cases as may be appropriate. Adopted effective January 1, 2019. --- CITATION: USCR 39.4 TITLE: Lis Pendens Docket CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.4/ TEXT: USCR 39.4. Lis Pendens Docket The Lis Pendens Docket shall contain all lis pendens filed with the clerk and shall be properly indexed by the names of the parties. --- CITATION: USCR 39.5 TITLE: General Execution Docket CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.5/ TEXT: USCR 39.5. General Execution Docket The General Execution Docket shall contain all Fi. Fas. The information to be entered shall be: (A) Names of the parties and attorneys of record; (B) Names of county and court in which judgment was issued; (C) The date of judgment; (D) The date of issuance of the Fi. Fa.; (E) The date of the recording of the Fi. Fa. on the General Execution Docket; (F) The number of the case on which the judgment was rendered; and (G) The amount of principal, costs, attorney fees, interest, penalties, and total amount of the Fi. Fa. on the case. Nulla Bona’s and satisfactions are to be noted on the original entry. Re-issued Fi. Fas. shall be recorded as a new Fi. Fa. in the General Execution Docket. A cross-reference to that new entry shall be made on the original entry of the Fi. Fa. or the last renewal of the Fi. Fa. which is less than seven years old. [In State Court, see State Court Rule 39.5.] --- CITATION: USCR 39.6 TITLE: Adoption Docket CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.6/ TEXT: USCR 39.6. Adoption Docket The original files shall suffice as the Adoption Docket. Each adoption shall be given a unique consecutive case number pursuant to Rule 36.9. The adoption index shall contain the names of 115 the petitioners. All adoptions shall be recorded in a separate adoption minutes and final record which shall be properly indexed. All adoption records, including the index, shall be kept sealed and locked and shall be confidential unless otherwise ordered by the judge. --- CITATION: USCR 39.7 TITLE: Required Forms CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.7/ TEXT: USCR 39.7. Required Forms (A) The forms listed below shall be required for use in all superior courts in this state. (B) It is the intent of this rule that all forms listed herein be uniform in appearance for purposes of efficiency and accuracy. Upon recommendation by its Uniform Rules Committee, the Council of Superior Court Judges may revise forms to reflect changes to the law. The rule also does not prohibit the use of stylistic additions such as check boxes. No heading is required when forms are reproduced. SC–1 Summons SC–2 Sheriff’s Entry of Service SC–3 [Deleted] SC–3(A) Order of Publication SC–3(B) Return of Service of Publication Notice SC–3(C) Order Perfecting Service SC–4 Notice of Publication SC–5 Writ of Fieri Facias SC–6 Final Disposition Felony Confinement Only SC–6A Final Disposition Felony Confinement Sentence — Adjudication of Guilt (First Offender/Conditional Discharge) SC–6.1 [Deleted] SC–6.2 Final Disposition Felony With Probation SC–6.2A Final Disposition Felony Confinement Sentence with Probation — Adjudication of Guilt (First Offender/Conditional Discharge) SC–6.3 Final Disposition Misdemeanor Sentence SC–6.4 Special Conditions of Probation: SC–6.4(A) Index of Special Conditions of Probation SC–6.4(B) Inventory of Special Conditions of Probation SC–6.4(C) Sex Offender Special Conditions of Probation SC–6.4(D) Special Conditions of Probation for Conviction of an Offense Against a Minor or a Dangerous Sexual Offense SC–6.4(E) Special Conditions of Probation for Violation of OCGA §§ 16-5-90 or 16-5-91 (Stalking or Aggravated Stalking) SC–6.5 Final Disposition Continuation of Sentence SC–7 Exemplification SC–8 Witness Subpoena SC–9 Subpoena for the Production of Evidence SC–9.1 Subpoena for the Production of Evidence at a Deposition SC–10 Criminal Case Information Form SC–11 Court Production Order SC–12 [Deleted] 116 SC–13 [Deleted] SC–14 [Deleted] SC–15 Family Violence Ex Parte Protective Order SC–16 Family Violence Twelve Month Protective Order SC–17 Stalking Ex Parte Temporary Protective Order SC–18 Stalking Twelve Month Protective Order SC–19 Dismissal of Temporary Protective Order SC–20 Order for Continuance of Hearing and Ex Parte Protective Order SC–21 Order to Modify Prior Protective Order SC–22 Family Violence Three Year/Permanent Protective Order SC–23 Stalking Permanent Protective Order Pursuant to Criminal Conviction SC–24 Stalking Three Year/Permanent Protective Order SC–25 Child Support Addendum to Family Violence Protective Order SC–26 Petition for Temporary Protective Order SC–27 Defendant Identifying Information/Protected Parties Information SC–28 Petition for Dating Violence Temporary Protective Order SC–29 Dating Violence Ex Parte Protective Order SC–30 Dating Violence Twelve Month Protective Order SC–31 Probation Revocation Order (First Offender/Conditional Discharge) Adjudication of Guilt SC–32 Probation Revocation Order ( This form would apply to all other probation revocation proceedings, EXCEPT First Offender/Conditional Discharge Adjudication of Guilt SC–33 Order Dismissing Probation Revocation Petition and Probation Warrant Amended effective January 18, 1990; October 23, 2008; January 1, 2013; June 4, 2015; September 22, 2016; August 30, 2018; January 24, 2019; March 3, 2022; August 24, 2023; January 1, 2025; October 16, 2025; March 19, 2026. --- CITATION: USCR 39.9 TITLE: Court Information CHAPTER: Uniform Superior Court Rules — Rule 39 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/39.9/ TEXT: USCR 39.9. Court Information The chief judge of each circuit may require the superior court clerk of each county of that circuit to furnish to the chief judge within 10 days after the end of each month, a general civil, domestic relations and a criminal caseload management report. The Chief Justice of the Georgia Supreme Court may request copies of the information that is furnished to the Chief Judges of the circuits pursuant to this rule. The case types, events types and disposition methods used in these reports will conform to Judicial Council guidelines for reporting caseload. Each such report shall include the following: (A) the number of cases filed by case type in the prior month and year-to-date; (B) the number of cases disposed by case type and disposition method in the prior month and year-to-date; 117 (C) the number and type of pending cases; (D) a list of cases more than 120 days old (criminal) and 180 days old (civil/domestic relations) to include the following data: (i) case number, (ii) style, (iii) case type, (iv) filing date, (v) next event scheduled, (vi) date of that event; and (E) any other information the Chief Judge requests that is contained within court standardized computer programs. --- CITATION: USCR 40 TITLE: COMPUTER APPLICATIONS AND STANDARDS CHAPTER: Uniform Superior Court Rules — Rule 40: Computer Applications And Standards EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/40/ TEXT: USCR 40. COMPUTER APPLICATIONS AND STANDARDS When the clerk of a superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. --- CITATION: USCR 41.1 TITLE: Time for Hearing CHAPTER: Uniform Superior Court Rules — Rule 41 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/41.1/ TEXT: USCR 41.1. Time for Hearing Counsel are reminded of their general ethical obligation to make reasonable efforts to expedite litigation consistent with the interests of their clients. The motion for new trial shall be heard and decided as promptly as possible. When the defendant’s presence is required by law, the defendant shall be procured for the motion for new trial unless the defendant waives his or her presence in writing. If the defendant is in custody, the state shall procure the defendant; if the defendant is not in custody, counsel for the defendant shall procure the defendant. A ruling on the motion shall be rendered within the time period required by law upon the record on the motion being complete and the transcript and post- hearing motions or other matters being submitted. Amended effective January 1, 2019. --- CITATION: USCR 41.2 TITLE: Status Conference and Transcript Preparation CHAPTER: Uniform Superior Court Rules — Rule 41 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/41.2/ TEXT: USCR 41.2. Status Conference and Transcript Preparation In criminal cases, the transcript shall be prepared as promptly as possible. 118 The court shall schedule a status conference regarding the motion for new trial not later than 120 days after sentencing. Counsel of record for both the state and the defendant shall appear at any conference; such conference may be conducted telephonically or electronically at the discretion of the court. At the conference the court shall confirm that the defendant has appellate counsel and that the transcript has been ordered, and shall determine by whom the exhibits are held. The court shall ensure the production of the transcript. If the transcript has not been filed by the court reporter within 120 days of the date of sentencing, the court shall issue a show cause notice to the court reporter to provide reasons for the delay. The court may impose conditions as required to ensure timely completion of the transcript. The court shall schedule status conferences regarding the motion for new trial approximately every 180 days after the first conference until the motion for new trial is heard. Such status conferences shall be conducted telephonically or electronically unless otherwise ordered by the court. Any conference required by this rule shall be on the record, or the court shall enter a status conference order memorializing the conference if a court reporter is unavailable. It is the court’s responsibility to monitor the progress of the case. Priority should ordinarily be given to cases pending the longest. Amended effective January 1, 2019. --- CITATION: USCR 41.3 TITLE: Transcript Costs CHAPTER: Uniform Superior Court Rules — Rule 41 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/41.3/ TEXT: USCR 41.3. Transcript Costs Except where leave to proceed in forma pauperis has been granted, an attorney who files a motion for new trial, or a notice of appeal which specifies that the transcript of evidence or hearing shall be included in the record, shall be personally responsible for compensating the court reporter for the cost of transcription. The filing of such motion or notice shall constitute a certificate by the attorney that the transcript has been ordered from the court reporter. The filing of such motion or notice prior to ordering the transcript from the reporter shall subject the attorney to disciplinary action by the court. Amended effective January 1, 2019. --- CITATION: USCR 41.4 TITLE: Transmission of the Record CHAPTER: Uniform Superior Court Rules — Rule 41 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/41.4/ TEXT: USCR 41.4. Transmission of the Record Upon filing of a notice of appeal, the clerk shall compile and transmit the record in accordance with the requirement of the appropriate appellate court as required by OCGA § 5-6-43. Failure to do so within 60 days of the deadlines imposed by OCGA § 5-6-43 may subject the clerk to a show cause hearing before the sentencing court. Adopted effective January 1, 2019. --- CITATION: USCR 42.1 TITLE: Private Special Prosecutors CHAPTER: Uniform Superior Court Rules — Rule 42 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/42.1/ TEXT: USCR 42.1. Private Special Prosecutors Private special prosecutors retained by the family or relatives of one named as a victim in an indictment or accusation may not participate in the prosecution of a criminal case. Special 119 assistant district attorneys appointed by the district attorney including attorneys from personnel of public agencies may prosecute criminal cases. --- CITATION: USCR 42.2 TITLE: Appointment of Counsel to Assist Retained Counsel CHAPTER: Uniform Superior Court Rules — Rule 42 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/42.2/ TEXT: USCR 42.2. Appointment of Counsel to Assist Retained Counsel During the pendency of a criminal case, the trial judge may appoint additional counsel to assist retained counsel in the representation of a defendant prior to, during, or after trial. --- CITATION: USCR 43.1 TITLE: Program Requirements CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.1/ TEXT: USCR 43.1. Program Requirements (A) Every superior court judge, including senior superior court judges, shall attend approved creditable judicial education programs or activities, totaling a minimum of twelve hours every year. Every superior court judge must attend at least one of the superior court conferences every two years. At least one hour of the mandated twelve hours per year shall be devoted to the topic of legal or judicial ethics or legal or judicial professionalism. If a judge completes more than twelve hours for credit in any calendar year, the excess credit shall be carried over and credited to the education requirements for the next succeeding year only. (B) Each new judge must attend the pertinent Institute of Continuing Judicial Education (ICJE) in-state program of instruction for new judges or its locally administered individual new judge orientation course. Either activity must be attended as soon as possible after the judge’s election or appointment and, preferably, before hearing cases, but in any event, within one year after assuming office. Each new judge is also encouraged to attend a nationally-based basic course for general jurisdiction trial judges. (C) Additionally, every judge is encouraged to attend national or regional specialty, graduate or advanced programs of judicial and legal education. (D) Qualifying creditable judicial education programs and activities shall include: (1) Programs sponsored by the Institute of Continuing Judicial Education of Georgia; (2) Programs of continuing legal education accredited by the State Bar of Georgia’s Commission on Continuing Lawyer Competency, such as all Institute of Continuing Legal Education (ICLE) programs; (3) Additional programs approved on behalf of the Council of Superior Court Judges by its Committee on Mandatory Continuing Judicial Education; (4) Courses at a Georgia-based law school, whether for credit or not, that qualify an individual for a degree or to sit for the Georgia bar examination; (5) Teaching any of the above; (6) Service on the Judicial Qualifications Commission (JQC) or the State Bar Disciplinary Board for legal or judicial ethics or legal or judicial professionalism credit. (E) For teaching, the following credits shall be given: 120 (1) Three additional hours for each hour of instructional responsibility as a lecturer when no handout paper is prepared, and six hours for each hour of lecture when a handout paper is required. (2) Two hours for each hour as a panelist or mock trial judge. (3) When the same lecture or other instructional activity is repeated in a single calendar year, additional credit shall be given equivalent to the actual time spent. Amended effective October 28, 1993; amended effective September 2, 1999; amended effective April 9, 2026. --- CITATION: USCR 43.2 TITLE: Administration of the Program CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.2/ TEXT: USCR 43.2. Administration of the Program Administrative implementation of this program of mandatory continuing judicial education shall be conducted solely by the Council of Superior Court Judges. Amended effective October 28, 1993. --- CITATION: USCR 43.3 TITLE: Council of Superior Court Judges Committee on Mandatory Continuing Judicial Education CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.3/ TEXT: USCR 43.3. Council of Superior Court Judges Committee on Mandatory Continuing Judicial Education The President of the Council of Superior Court Judges shall appoint a Committee on Mandatory Continuing Judicial Education, including at least one member of ICJE, which shall on behalf of the Council approve for credit judicial educational programs not otherwise automatically accredited by the MCJE rule, regardless of whether sponsored by a legal or judicial organization; and the committee shall impose the prescribed private and public sanctions on judges who fail to comply with the mandatory training plan. Amended effective October 28, 1993. --- CITATION: USCR 43.4 TITLE: Sanctioning Procedures CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.4/ TEXT: USCR 43.4. Sanctioning Procedures (1) In December of each year, the Committee on Mandatory Continuing Judicial Education will receive a report from the Council of Superior Court Judges detailing the creditable participation of judges in MCJE activities for that year. At the same time, every superior court judge will also receive from the Council of Superior Court Judges a report on his or her creditable activity. Judges failing to attain the required twelve hours in any year will be notified by the committee chair that they have not met the MCJE participation requirement for that year. Following receipt of such notice, a judge shall submit a plan for making up any deficiency in education requirements. Education credit hours earned thereafter shall first be credited to the deficiency for any prior year. (2) Judges who fail to earn a minimum of twenty-four hours over a two-year period shall receive a private administrative admonition issued from the Committee on Mandatory Continuing Education of the Council of Superior Court Judges detailing the consequences of failure to fulfill the training requirements (3) Upon a judge’s failure to fulfill the training requirements at the end of three years, the President of the Council of Superior Court Judges shall issue a public reprimand, with a copy spread upon the minutes of each county in the circuit where the judge serves. 121 Amended effective October 28, 1993; amended effective September 2, 1999. --- CITATION: USCR 43.5 TITLE: Exemptions CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.5/ TEXT: USCR 43.5. Exemptions The Committee on Mandatory Continuing Judicial Education of the Council of Superior Court Judges shall receive and act upon requests for exemptions to MCJE requirements of these rules. Amended effective October 28, 1993. --- CITATION: USCR 43.6 TITLE: Mandatory Continuing Education Requirements for Assisting Superior Court Judges CHAPTER: Uniform Superior Court Rules — Rule 43 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/43.6/ TEXT: USCR 43.6. Mandatory Continuing Education Requirements for Assisting Superior Court Judges A judge appointed as an assisting superior court judge from another class of court pursuant to OCGA§ 15-1-9.1 and who sits as a superior court judge for more than 15 days during a calendar year, or handles a final hearing or bench or jury trial as a superior court judge, shall attend superior court specific judicial education programs or training (the “training”) totaling a minimum of 12 hours per calendar year. The training shall focus on the specific subject matters to be adjudicated by the assisting superior court judge. It shall be the responsibility of the chief superior court judge for each circuit issuing appointments under OCGA § 15-1-9.1 to (a) provide and/or approve the training to the assisting superior court judge, and (b) ensure that all assisting superior court judges in the circuit comply with this rule. This training requirement is in addition to any other mandatory continuing education requirement the judge may have from his or her respective court. Completion of this training requirement shall be reported to and verified by the Institute of Continuing Judicial Education. Adopted effective February 25, 2021. --- CITATION: USCR 44.1 TITLE: Application CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.1/ TEXT: USCR 44.1. Application This rule shall apply to all petitions seeking, for the first time, a writ of habeas corpus in state court proceedings for those cases in which the petitioner has received a sentence of death. OCGA § 9-14-47.1. Amended effective January 11, 1996. --- CITATION: USCR 44.2 TITLE: Request for Judicial Assignment CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.2/ TEXT: USCR 44.2. Request for Judicial Assignment Within ten days of the filing of such a petition, the superior court clerk of the county where the petition is filed shall serve a copy of the petition upon the Executive Director of the Council of Superior Court Judges of Georgia. This service may be effected by mail and will constitute a request for judicial assistance under OCGA § 15-1-9.1 (b) (3). Amended effective January 11, 1996. 122 --- CITATION: USCR 44.3 TITLE: Respondent’s Answer or Motion to Dismiss CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.3/ TEXT: USCR 44.3. Respondent’s Answer or Motion to Dismiss The respondent shall answer or move to dismiss the petition within 20 days after the filing of the petition or within such further time as the court may set for good cause shown. Amended effective January 11, 1996. --- CITATION: USCR 44.4 TITLE: Assignment of Judge for Habeas Corpus Proceedings CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.4/ TEXT: USCR 44.4. Assignment of Judge for Habeas Corpus Proceedings (A) The Executive Committee of the Council of Superior Court Judges shall promulgate guidelines for the assignment of such cases to the various superior court judges throughout Georgia, and shall provide that the case will not be assigned to a judge within the circuit in which the sentence was imposed. Within 30 days after the Executive Director receives the petition, the president of the council shall assign the case to a judge in accordance with the guidelines. (B) Pending assignment of a judge, or during a later vacancy of an assigned judge, a presiding judge of the court in which the petition is filed shall be authorized to act on emergency matters unless otherwise disqualified by Uniform Superior Court Rule 25. Amended effective January 11, 1996. --- CITATION: USCR 44.5 TITLE: Preliminary Conference and Scheduling CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.5/ TEXT: USCR 44.5. Preliminary Conference and Scheduling The assigned judge may wish to consider scheduling a preliminary conference with counsel for the petitioner and respondent as soon as practical. This conference may be conducted by telephone. The court may also wish to enter a scheduling order establishing specific dates in accordance with the guidelines set forth in this rule. The court may on its own or on motion of either party shorten any time period set forth hereinafter, and may extend such time period for good cause. Amended effective January 11, 1996. --- CITATION: USCR 44.6 TITLE: Motions CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.6/ TEXT: USCR 44.6. Motions Within 60 days after the filing of the petition, the petitioner may file pretrial motions. Within 90 days after the filing of the petition, the respondent may file any motions. Responses to motions shall be governed by Rule 6.2. Amended effective January 11, 1996. --- CITATION: USCR 44.7 TITLE: Amendments to the Petition; Discovery CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.7/ TEXT: USCR 44.7. Amendments to the Petition; Discovery No later than 120 days after the filing of the petition, the petitioner may amend the petition, and if discovery is allowed pursuant to OCGA § 9-14-48 it shall be completed. Amended effective January 11, 1996. 123 --- CITATION: USCR 44.8 TITLE: Pretrial Conference CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.8/ TEXT: USCR 44.8. Pretrial Conference The court may wish to schedule a pretrial conference with counsel for the petitioner and the respondent and enter an appropriate pretrial order for proceedings in the case. This conference may be conducted with counsel only and by telephone if appropriate. Amended effective January 11, 1996. --- CITATION: USCR 44.9 TITLE: Evidentiary Hearing CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.9/ TEXT: USCR 44.9. Evidentiary Hearing Within 180 days after the filing of the petition, the court shall conduct an evidentiary hearing as provided by OCGA §§ 9-14-47 and 9-14-48. Amended effective January 11, 1996. --- CITATION: USCR 44.10 TITLE: Preparation of Transcript CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.10/ TEXT: USCR 44.10. Preparation of Transcript The evidentiary hearing shall be transcribed by a court reporter designated by the court hearing the case as set forth in OCGA § 9-14-50. Within 30 days after the evidentiary hearing, the transcript of the evidentiary hearing shall be made available to the parties and the court. Amended effective January 11, 1996. --- CITATION: USCR 44.11 TITLE: Briefing CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.11/ TEXT: USCR 44.11. Briefing Within 60 days after the evidentiary hearing, the petitioner may file any brief and if so directed by the court shall file proposed findings of fact and conclusions of law and a proposed order. Within 90 days after the evidentiary hearing, the respondent may file any responsive brief and if so directed by the court shall file proposed findings of fact and conclusions of law and a proposed order. Within 100 days after the evidentiary hearing, the petitioner may file any additional responsive brief. Amended effective January 11, 1996. --- CITATION: USCR 44.12 TITLE: Ruling on Petition CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.12/ TEXT: USCR 44.12. Ruling on Petition Within 90 days of the filing of the respondent’s brief, or the petitioner’s reply brief if one is filed, the court shall issue its ruling on the petition and its written findings of fact and conclusions of law as required by OCGA § 9-14-49. Amended effective January 11, 1996. --- CITATION: USCR 44.13 TITLE: Effect of Rule CHAPTER: Uniform Superior Court Rules — Rule 44 EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/44.13/ TEXT: USCR 44.13. Effect of Rule Upon application of any party, the Supreme Court may order such relief as it finds necessary to assure compliance with this Rule. This Rule provides procedural guidelines and no substantive rights are hereby conferred upon any person. No violation of this Rule shall be the basis of any grant of habeas corpus relief. Amended effective January 11, 1996. 124 --- CITATION: USCR 45 TITLE: COURT SECURITY AND EMERGENCY OPERATIONS CHAPTER: Uniform Superior Court Rules — Rule 45: Court Security And Emergency Operations EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/45/ TEXT: USCR 45. COURT SECURITY AND EMERGENCY OPERATIONS Courts within a judicial circuit shall prepare for emergencies by developing both a security plan to address the safety of the public and employees and a judicial emergency operations plan to provide for an immediate response to any type of crisis and provide for continuity of operations during such crisis. (A) Courthouse Security Plan. The Sheriff, in consultation with the Chief Judge of the Superior Court of the circuit, shall develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. A comprehensive plan for courthouse security shall be considered a confidential matter of public security and shall not be disseminated except as in accordance with OCGA § 15-16-10(a)(10). The plan shall be reviewed and updated annually, and employees shall be educated annually on their role, if any, in said plan. (B) Emergency Operations Plan. The Chief Judge, or his/her designee, shall develop and implement an Emergency Operations Plan for each county courthouse and/or courthouse annex in the jurisdiction. The plan shall at a minimum include: (1) A method for collecting and maintaining contact information for all employees to be utilized during an emergency; (2) Identification of relocation sites and provisions for preparing such sites; (3) Identification of essential activities and functions to be performed; (4) Identification of employees designated to perform essential activities and method for training of said employees at least annually; (5) A person designated to provide information to the public and the press, during and immediately following an emergency; (6) Identification of vital records and equipment and provisions for their protection or back-up. The Council of Superior Court Judges shall maintain and make available materials to assist Chief Judges in complying with this rule. (C) Judicial Operations Emergency Order. Pursuant to OCGA § 38-3-60 et seq., upon his/her own motion or after consideration of a request from another judge or court official, the Chief Judge of the circuit experiencing an emergency or disruption in operations may issue an order authorizing relief from time deadlines imposed by statutes, rules, regulations, or court orders until the restoration of normal court operations or as specified. The emergency order may also designate one or more facilities as temporary courthouses that shall be suitable for court business and located as near as possible to the county seat. The order shall contain (1) the identity and position of the judge, (2) the date, time, and place executed, (3) the jurisdiction affected, (4) the nature of the emergency, (5) the period of duration, and (6) other information relevant to the suspension or restoration of court operations. The duration of a court emergency order is limited to a maximum of 30 days. The order may only be extended twice by the issuing judge for additional 30-day periods, and any extension must contain the information required in the original order. 125 Adopted effective December 2, 2004; amended effective March 22, 2018. --- CITATION: USCR 46 TITLE: SPECIAL MASTERS CHAPTER: Uniform Superior Court Rules — Rule 46: Special Masters EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/46/ TEXT: USCR 46. SPECIAL MASTERS (A) Appointment, Removal and Substitution (1) Unless a statute provides otherwise, upon the motion of any party or upon the court’s own motion, the court of record may appoint a master: (a) to perform duties consented to by the parties; (b) to address pretrial and post-trial matters that the court cannot efficiently, effectively or promptly address; (c) to provide guidance, advice and information to the court on complex or specialized subjects, including, but not limited to technology issues related to the discovery process; (d) to monitor implementation of and compliance with orders of the court or, in appropriate cases, monitoring implementation of settlement agreements; (e) to investigate and report to the court on matters identified by the court; (f) to conduct an accounting as instructed by the court and to report upon the results of the same; (g) upon a showing of good cause, to attend and supervise depositions conducted outside of the jurisdiction; and (h) to hold trial proceedings and make or recommend findings of fact on issues to be decided by the court without a jury if appointment is warranted by (i) some exceptional condition, or (ii) the need to perform an accounting, to resolve a difficult computation of damages or if the matter involves issues for which a special substantive competence would be beneficial. (2) A master must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under applicable standards, unless the parties consent with the court’s approval to appointment of a particular person after disclosure of all potential grounds for disqualification. (3) In appointing a master, the court should consider the fairness of imposing the likely expenses on the parties and should protect against unreasonable expense and delay, taking into account the burdens and the benefits such an appointment would produce. The appointment of a special master shall not deprive any party access to the courts or the civil justice system. (4) A special master may be removed or substituted by order of the court, upon motion of a party or sua sponte. 126 (B) Order Appointing Master (1) Notice. The court must give the parties notice and an opportunity to be heard before appointing a master. (2) Contents. The order appointing a master must direct the master to proceed with all reasonable diligence and must state: (a) the master’s duties, including any investigative or enforcement duties, and any specific limits on the master’s authority; (b) the circumstances, if any, in which the master may communicate ex parte with the court or a party; (c) the nature of the materials to be preserved and filed as the record of the master's activities; (d) the time limits, method of filing the record, other procedures, and standards for reviewing the master’s orders, findings, and recommendations; and (e) the basis, terms, and procedure for fixing the master's compensation pursuant to subparagraph (H) hereof. (3) Entry of Order of Appointment. The court may enter the order appointing a master only after the master has filed an affidavit: (i) disclosing whether there is any ground for disqualification and, if a ground for disqualification is disclosed, after the parties have consented with the court's approval to waive the disqualification; and (ii) certifying that the master shall discharge the master’s duties as required by law and pursuant to the court’s instructions without favor to, or prejudice against any party. (4) Amendment. The order appointing a master may be amended at any time after notice to the parties, and an opportunity to be heard. (C) Master’s Authority. Unless the appointing order expressly directs otherwise, a master has authority to regulate all proceedings and take all appropriate measures to perform fairly and efficiently all assigned duties. Unless otherwise indicated in the court’s order of appointment, the master shall have the power to take evidence, to hear motions and to pass on questions of law and fact within the scope of the referral order. The master may by order impose upon a party any noncontempt sanction provided by OCGA §§ 9-11-37 and 9-11-45, and may recommend to the court a contempt sanction against a party and any sanction against a nonparty. (D) Evidentiary Hearings. Unless the appointing order expressly directs otherwise, a master conducting an evidentiary hearing may exercise the power of the appointing court to compel, take, and record evidence. (E) Master’s Orders. A master who makes an order must promptly serve a copy on each party. (F) Master’s Reports. Unless otherwise indicated in the appointment order, a master must report to the court: 127 (1) all motions submitted by the parties; (2) all rulings made on all issues presented and all conclusions of law and findings of fact; ; (3) all evidence offered by the parties and all rulings as to the admissibility of such evidence; and (4) such other matters as the master may deem appropriate. The master must file the report and promptly serve a copy of the report on each party, unless the court directs otherwise. (G) Action on Master’s Order, Report, or Recommendations. (1) Action. In acting on a master’s order, report, or recommendations, the court must afford the parties an opportunity to be heard and to object to any portion thereof. The court may receive evidence, and may adopt or affirm, modify, reject or reverse in whole or in part, or resubmit all or some issues to the master with instructions. (2) Time To Object or Move. A party may file a motion to reject or to modify the master’s order, report, or recommendations within 20 days from the date on which the master’s order, report, or recommendations are served, unless the court sets a different time. The master’s order, report, or recommendations shall be deemed received three days after mailing by United States mail or on the same day if transmitted electronically or by hand-delivery. In the absence of a motion to reject or modify an order, report or recommendations within the time provided, the order, report or recommendations shall have the force and effect of an order of the court. (3) Fact Findings. The court must decide de novo all objections to findings of fact made or recommended by a master, unless the parties stipulate with the court’s consent that: (a) the master’s findings will be reviewed for clear error, or (b) the findings of a master appointed under subsections (A) (1) (a) or (b) will be final. (4) Legal Conclusions. The court must decide de novo all objections to conclusions of law made or recommended by a master. (5) Procedural Matters. Unless the order of appointment establishes a different standard of review, the court may set aside a master’s ruling on a procedural matter only for an abuse of discretion. (H) Compensation (1) Fixing Compensation. The court shall fix the master’s compensation on the basis and terms stated in the order of appointment, but the court may set a new basis and terms after notice and an opportunity to be heard. (2) Payment. The compensation fixed must be paid either: (a) by a party or parties; or 128 (b) from a fund or subject matter of the action within the court’s control. (3) Allocation. The court must allocate payment of the master’s compensation among the parties after considering the nature and amount of the controversy, the means of the parties, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits. Adopted effective June 4, 2009; amended effective June 4, 2015. --- CITATION: USCR 47 TITLE: ADOPTION – EXPEDITING UNCONTESTED AGENCY CHAPTER: Uniform Superior Court Rules — Rule 47: Adoption – Expediting Uncontested Agency EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/47/ TEXT: USCR 47. ADOPTION – EXPEDITING UNCONTESTED AGENCY ADOPTION HEARINGS (A) In order to expedite and bring finality to petitions for adoptions brought under OCGA § 19- 8-4, a Superior Court judge should conduct a final hearing as provided in OCGA § 19-8-14 (e) and (f) on a petition for adoption pursuant to OCGA § 19-8-4 within fifteen days of receipt by the judge of certification by the petitioner or petitioner’s counsel that all statutory requirements are complete. In the event the judge is unable to conduct the hearing within fifteen days, the hearing should be conducted as soon thereafter as possible. (B) In order to expedite the hearing of an uncontested adoption, a judge may, with the consent of the petitioner or petitioner's counsel, conduct a final hearing in any county in the judge's circuit regardless of the county in which the petition was filed. (C) The required certification shall state as follows: I certify that all statutory requirements for the grant of this adoption have been met and the matter is ready to be heard. The undersigned consents to the judge hearing this matter in any county of the circuit. Adopted effective May 5, 2011. --- CITATION: USCR 48 TITLE: INQUIRY REGARDING WEAPONS CARRY LICENSE CHAPTER: Uniform Superior Court Rules — Rule 48: Inquiry Regarding Weapons Carry License EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/48/ TEXT: USCR 48. INQUIRY REGARDING WEAPONS CARRY LICENSE (A) A judge shall make the inquiry required by OCGA § 16-11-129 (e): (1) When sentencing for conviction of: any felony;1 any charge of carrying a weapon without a license;2 any charge of carrying a weapon or long gun in an unauthorized location;3 any misdemeanor involving the use or possession of a controlled substance;4 or any misdemeanor crime of domestic violence as defined in 18 USC § 921 (a) (33);5 (2) When addressing any criminal defendant adjudicated mentally incompetent to stand trial;6 (3) When addressing any criminal defendant adjudicated not guilty by reason of insanity;7 (4) When addressing any person who is subject to a restraining order as described in 18 USC § 922 (g) (8). 129 (B) Where required by OCGA § 16-11-129 (e), the judge shall inquire whether a person convicted of any crime or otherwise adjudicated in a matter which would make the maintenance of a weapons carry license by such person unlawful is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the sentencing judge shall inquire of the person the county of the probate court which issued such weapons carry license, or if the person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued the person a renewal license. Unless otherwise ordered by the court, within 10 days of the inquiry, the clerk shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by the person to be unlawful pursuant to OCGA § 16-11-129 (b) by forwarding to the probate judge notice of the matter disqualifying the person from holding a weapons carry license. ____ 1 OCGA § 16-11-129 (b) (2) (B). 2 OCGA § 16-11-129 (b) (2) (H) (i). 3 OCGA § 16-11-129 (b) (2) (H) (ii). 4 OCGA § 16-11-129 (b) (2) (I). 5 OCGA § 16-11-129 (b) (2) (E); 18 USC § 922 (g) (9). 6 OCGA § 16-11-129 (b) (2) (K). 7 OCGA § 16-11-129 (b) (2) (L). Adopted effective July 21, 2016; amended effective August 30. 2018. --- CITATION: USCR 49 TITLE: EMERGENCY DISPOSSESSORY CHAPTER: Uniform Superior Court Rules — Rule 49: Emergency Dispossessory EDITION: Uniform Superior Court Rules, effective 9 April 2026 URL: https://gps.press/rules/uscr/49/ TEXT: USCR 49. EMERGENCY DISPOSSESSORY (A) A landlord who files a dispossessory before August 25, 2020 under OCGA § 44-7-50 (a) seeking possession of a residential premises for nonpayment of rent shall submit verification, filed and served with the complaint, indicating whether the property is exempt from the moratorium provided for in the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) (Public Law No. 116-136). In the event that the dispossessory action was filed prior to the enactment of this rule, the required verification shall be submitted to the court prior to or during the dispossessory hearing; if the tenant does not file an answer, the required verification shall be submitted prior to the writ of possession being issued. (B) A landlord shall use “CARES Act Affidavit” if the property is not defined as a “covered property” under section 4024 (a) (2) of the CARES Act or otherwise exempt from the moratorium provided for in the CARES Act. (C) If the property is a covered property, a landlord shall comply with the 30-day notice requirement contained within section 4024 (c) of the CARES Act prior to filing any proceeding for nonpayment of rent pursuant to OCGA § 44-7-50. The required 30-day notice shall not be sent prior to July 26, 2020. Adopted effective May 4, 2020. 130 IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA CARES ACT AFFIDAVIT Case No. ____ Plaintiff Defendant(s) Address Property Address City State Zip City State Zip E-mail Address Personally appeared before me, the undersigned officer, the Plaintiff, his agent or attorney who on oath deposes and says as follows: (1) I am personally familiar with the residential property occupied by the Defendant, the Defendant’s tenancy, the property’s ownership, the financing arrangements and any and all liens that may exist on the property. (2) The property is not a “covered property” as defined by section 4024 (a) (2) of the CARES Act, or the property is otherwise exempt from the moratorium imposed therein. (3) It is not part of a covered housing program (as defined in section 41411 (a) of the Violence Against Women Act of 1994 (34 USC § 12491 (a)) or the rural housing voucher program under section 542 of the Housing Act of 1949 (42 USC § 1490r). (4) There are no mortgages, deeds to secure debt, nor liens of any other sort which are made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the United States Government or in connection with a housing or urban development program administered by the U.S. Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) The debt on the property is not receiving a forbearance pursuant to section 4023 of the CARES Act. 131 (6) SCSCddd I swear under penalty of perjury that the above information is true and correct and made of my own personal knowledge. I understand further proof may be required at trial. Sworn to /Subscribed/ filed before me This day of , . This day of , . Deputy Clerk/ Notary Public Attorney/ Owner/ Agent Phone# 132 CARES Act Public Law No. 116-136 Explanation of Terms Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS. (a) DEFINITIONS.—In this section: (1) COVERED DWELLING.— The term “covered dwelling” means a dwelling that— (A) is occupied by a tenant— (i) pursuant to a residential lease; or (ii) without a lease or with a lease terminable under State law; and (B) is on or in a covered property. (2) COVERED PROPERTY.—The term “covered property” means any property that— (A) participates in— (i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a); or (ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or (B) has a— (i) Federally backed mortgage loan; or (ii) Federally backed multifamily mortgage loan. (3) DWELLING.—The term “dwelling”— (A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b). (4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other than temporary financing such as a construction loan) that — (A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 1 (5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally SCSCddd backed multifamily mortgage loan” includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 2 --- CITATION: Ga. Code Jud. Cond. 1.1 TITLE: Complying With the Law CHAPTER: Georgia Code of Judicial Conduct — Canon 1 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/1.1/ TEXT: Ga. Code Jud. Cond. 1.1. Complying With the Law Judges shall respect and comply with the law. --- CITATION: Ga. Code Jud. Cond. 1.2 TITLE: Promoting Public Confidence in the Judiciary CHAPTER: Georgia Code of Judicial Conduct — Canon 1 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/1.2/ TEXT: Ga. Code Jud. Cond. 1.2. Promoting Public Confidence in the Judiciary (A) Judges shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary. (B) An independent and honorable judiciary is indispensable to justice in our society. Judges shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe such standards of conduct so that the independence, integrity, and impartiality of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective. Commentary: [1] Deference to the judgments and rulings of courts depends upon public confidence in the independence, integrity, and impartiality of judges. The independence, integrity, and impartiality of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they shall comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code 14 diminishes public confidence in the judiciary and thereby does injury to the system of government under law. [2] Public confidence in the judiciary is eroded by irresponsible or improper conduct of judges. Judges must avoid all impropriety and appearance of impropriety. Judges must expect to be the subject of constant public scrutiny. Judges must therefore accept restrictions on their conduct that might be viewed as burdensome by the ordinary citizen, and they should do so freely and willingly. [3] The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired. See also Rule 3.6. [4] Judges are allowed to participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Judges are allowed to initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. When engaging in such activities, judges must act in a manner consistent with this Code. --- CITATION: Ga. Code Jud. Cond. 1.3 TITLE: Respecting the Prestige of Judicial Office CHAPTER: Georgia Code of Judicial Conduct — Canon 1 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/1.3/ TEXT: Ga. Code Jud. Cond. 1.3. Respecting the Prestige of Judicial Office Judges shall not lend the prestige of their office to advance the private interests of the judge or others. Commentary: [1] Maintaining the prestige of judicial office is essential to a system of government in which the judiciary functions independently of the executive and legislative branches. Respect for the judicial office facilitates the orderly conduct of legitimate judicial functions. Judges should distinguish between proper and improper use of the prestige of office in all of their activities. For 15 example, it would be improper for a judge to allude to his or her judgeship to gain a personal advantage such as deferential treatment when stopped by a police officer for a traffic offense. Similarly, judicial letterhead must not be used for conducting a judge’s personal business. [2] Judges must avoid lending the prestige of judicial office for the advancement of the private interests of the judge and others. For example, a judge must not use the judge’s position to gain advantage in a civil suit involving a member of the judge’s family. In contracts for publication of a judge’s writings, a judge should retain control over the advertising to avoid exploitation of the judge’s office. Similarly, exploitation of judicial office for private gain can occur when a part-time judge attorney or pro tempore judge attorney advertises this judicial position as a reason for being retained as a lawyer. As to the acceptance of awards, see Rule 3.13 and Commentary. [3] Although a judge should be sensitive to possible abuse of the prestige of office, a judge may, based on the judge’s personal knowledge, serve as a reference or provide a letter of recommendation. The judge may use official letterhead if the judge indicates that the reference is personal, and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office. However, a judge must not initiate the communication of information to a sentencing judge or probation or corrections officer, but may provide to such person information for the record in response to a formal request. [4] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration, and by responding to official inquiries concerning a person being considered for a judgeship. See also Canon 4, regarding use of a judge’s name in political activities. 16 Canon 2 JUDGES SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. --- CITATION: Ga. Code Jud. Cond. 2.1 TITLE: Giving Priority to Judicial Duties in General CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.1/ TEXT: Ga. Code Jud. Cond. 2.1. Giving Priority to Judicial Duties in General The judicial duties of judges take precedence over all their other activities. Their judicial duties include all the duties of their offices prescribed by law. But primarily, judges serve as the arbiters of facts and law for the resolution of disputes. --- CITATION: Ga. Code Jud. Cond. 2.2 TITLE: Impartiality and Fairness CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.2/ TEXT: Ga. Code Jud. Cond. 2.2. Impartiality and Fairness Judges shall dispose of all judicial matters fairly, promptly, and efficiently. Commentary: [1] In disposing of matters fairly, promptly, and efficiently, judges must demonstrate due regard for the rights of the parties to be heard and to have issues resolved without unnecessary cost or delay. Competence in the performance of judicial duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform a judge’s responsibilities of judicial office. [2] Containing costs while preserving fundamental rights of parties also protects the interests of witnesses and the general public. Judges should monitor and supervise cases so as to reduce or eliminate dilatory practices, avoidable delays and unnecessary costs. [3] Prompt disposition of the court’s business requires judges to devote adequate time to their duties, to be punctual in attending court and expeditious in determining matters under submission, and to insist that court officials, litigants, and their lawyers cooperate with the courts to achieve that end. --- CITATION: Ga. Code Jud. Cond. 2.3 TITLE: Bias, Prejudice, and Harassment CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.3/ TEXT: Ga. Code Jud. Cond. 2.3. Bias, Prejudice, and Harassment (A) Judges shall perform judicial duties without bias or prejudice. 17 (B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status. Judges shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so. (C) Judges shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including, but not limited to, age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status, against parties, witnesses, lawyers, or others. (D) This Rule does not preclude legitimate advocacy when age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status, or other similar factors are issues in the proceeding. Commentary: [1] Judges must refrain from speech, gestures, or other conduct that could reasonably be perceived as prejudiced or biased or as harassment and must require the same standard of conduct of others subject to their direction and control. [2] Judges must perform judicial duties impartially and fairly. Judges who manifest bias on any basis in a proceeding impair the fairness of the proceeding and bring the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties, lawyers, jurors, the media, and others an appearance of judicial bias. Judges must be alert to avoid behavior that may be perceived as prejudicial. [3] Sexual harassment includes, but is not limited to, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome. [4] Judges who permit others to manifest bias or prejudice on any basis in a proceeding impair the fairness of the proceeding and bring the judiciary into disrepute. 18 [5] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of bias or prejudice. --- CITATION: Ga. Code Jud. Cond. 2.4 TITLE: External Influences on Judicial Conduct CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.4/ TEXT: Ga. Code Jud. Cond. 2.4. External Influences on Judicial Conduct (A) Judges shall be faithful to the law and maintain professional competence in it. Judges shall not be swayed by partisan interests, public clamor or intimidation, or fear of criticism. (B) Judges shall not permit family, social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. (C) Judges shall not convey or enable others to convey the impression that any person or organization is in a position to influence the judge. Commentary: To ensure that judges are available to fulfill their judicial duties, judges must conduct their personal and extrajudicial activities to minimize the risk of conflict that would result in frequent disqualification. See Rule 2.11. --- CITATION: Ga. Code Jud. Cond. 2.5 TITLE: Performing Administrative Responsibilities CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.5/ TEXT: Ga. Code Jud. Cond. 2.5. Performing Administrative Responsibilities (A) Judges shall perform judicial and administrative duties competently, diligently, and without bias or prejudice. (B) Judges shall maintain professional competence in judicial administration, and shall cooperate with other judges and court officials in the administration of court business. (C) Rules that might be understood as (1) requiring impartiality or 19 (2) prohibiting ex parte communications in connection with impending matters and pending proceedings, including but not limited to Rules 1.2, 2.9, 2.11, 2.13, 3.7, and 4.2 (A) (2), do not apply to administrative duties not in connection with an impending matter or a pending proceeding. Commentary: [1] Judges may perform weddings during their normal office hours, when doing so does not interfere with or delay court proceedings, security, or operations. Some courts and judges may have minimal time available for conducting weddings. [2] Judges who perform weddings during their normal office hours, for which they are collecting a salary or are paid a per diem, shall not require payment for this service. Judges may receive a reasonable tip, gratuity, or negotiated consideration only for weddings performed both away from the courthouse and outside their normal office hours. See OCGA § 19-3-49. It is inappropriate for a judge to have a policy of performing weddings only after- hours and off-site in order to receive payment. [3] Any remuneration received for performing a wedding shall be reported under Rule 3.15 as extra-judicial compensation. [4] As Rule 2.1 states, the primary role of judges is to “serve as the arbiters of facts and law for the resolution of disputes.” See also Sons of Confederate Veterans v. Henry County Bd. of Comm’rs, 315 Ga. 39, 50 (2) (b) (880 SE2d 168) (2022) (“The judicial power is that which declares what law is, and applies it to past transactions and existing cases; it expounds and judicially administers the law; it interprets and enforces the law in a case in litigation.” (cleaned up)). But our constitutional system of separated powers also vests in at least some judges and organizations of judges an additional role, that of policy-maker with respect to administrative duties. Much of that authority is vested in the Supreme Court, but at least some is vested in other classes of courts as well. See, e.g., Ga. Const. Art. VI, Sec. IX, Par. I (providing for the advice and consent of councils of trial courts in the adoption by the Supreme Court of uniform trial court rules). Judges in whom the Constitution has vested policy-making power must be free to exercise that power in the manner they believe best serves the public, even if that involves preferring and 20 advocating for particular outcomes within the scope of that policy-making power in a manner that otherwise would be forbidden if it instead regarded an impending matter or a pending proceeding. While judges must always be impartial in their exercise of adjudicative duties (which this Code identifies by the use of the terms “impending matters” and “pending proceedings”), extending to policy-making administrative duties that same requirement of impartiality – at least in the colloquial sense of that word – would be in tension with the nature of policy-making power. As used in this Code, of course, impartiality has a narrower, two-fold meaning than its colloquial sense: (1) avoiding bias and prejudice, and (2) maintenance of an open mind in considering issues that may come before a judge. The first such meaning applies to all judicial actions, which Rule 2.5 (A) reiterates. But the second meaning is limited to the exercise of adjudicative duties, as are the recusal obligations of Rule 2.11, which by its very terms apply only to proceedings. In the same way, Rule 2.9’s prohibition on ex parte communications, by its text and nature, applies only to impending matters and pending proceedings, and hence has no application to administrative duties unrelated to such matters or proceedings. That judges, lawyers, members of the public, or other stakeholders may have and communicate an interest in how a judge performs administrative duties does not convert the administrative duty into an adjudicative duty. Commentary [3] amended effective September 22, 2016. Text amended and Commentary [4] added effective February 1, 2024. --- CITATION: Ga. Code Jud. Cond. 2.6 TITLE: Ensuring the Right to Be Heard CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.6/ TEXT: Ga. Code Jud. Cond. 2.6. Ensuring the Right to Be Heard (A) Judges shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. (B) The obligation of judges to dispose of matters promptly and efficiently must not take precedence over their obligation to dispose of matters fairly and with patience. Commentary: Judges should encourage and seek to facilitate settlement, but parties should not feel coerced into surrendering the right to have their controversy 21 resolved by courts. Judges must be mindful of the effect settlement discussions can have, not only on their objectivity and impartiality, but also on the appearance of their objectivity and impartiality. Despite a judge’s best efforts, there may be instances when information obtained during settlement discussions could influence a judge’s decision-making during a subsequent trial, and, in such instances, the judge should consider whether disqualification may be appropriate. See Rule 2.11. --- CITATION: Ga. Code Jud. Cond. 2.7 TITLE: Responsibility to Decide CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.7/ TEXT: Ga. Code Jud. Cond. 2.7. Responsibility to Decide Judges shall hear and decide matters assigned to them, except those in which they are disqualified. Commentary: [1] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded. [2] This Rule should be applied in concert with the equally important obligation to dispose of court matters timely and effectively. See Rule 2.2. [3] When applying and interpreting the law, a judge sometimes may make good-faith errors of fact or law. Errors of this kind do not violate this Rule. --- CITATION: Ga. Code Jud. Cond. 2.8 TITLE: Adjudicating Pending Proceedings Fairly CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.8/ TEXT: Ga. Code Jud. Cond. 2.8. Adjudicating Pending Proceedings Fairly (A) Judges shall require order and decorum in proceedings over which they preside. (B) Judges shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official capacity, and shall require similar conduct of all persons subject to their direction and control. (C) Judges shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community. 22 Commentary: [1] The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Judges can be efficient and business-like while being patient and deliberate. [2] It is not a violation of this Rule for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard. [3] Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror’s ability to be fair and impartial in a subsequent case. [4] A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case. --- CITATION: Ga. Code Jud. Cond. 2.9 TITLE: Assuring Fair Hearings and Averting Ex Parte CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.9/ TEXT: Ga. Code Jud. Cond. 2.9. Assuring Fair Hearings and Averting Ex Parte Communications (A) Judges shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. Judges shall not initiate, permit, or consider ex parte communications, or consider other communications made to them outside the presence of the parties, or their lawyers, concerning a pending proceeding or impending matter, subject to the following exceptions. (1) Where circumstances require, ex parte communications are authorized for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits, provided that: (a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and (b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond. 23 (2) Judges may obtain the advice of a disinterested expert on the law applicable to a proceeding before the court, if they give notice to the parties of the person consulted and the substance of the advice, and afford the parties reasonable opportunity to respond. (3) Judges may consult with court staff and court officials whose functions are to aid in carrying out adjudicative responsibilities, or with other judges, provided the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility personally to decide the matter. (4) Judges may, with the consent of the parties, confer separately with the parties or their lawyers in an effort to mediate or settle pending proceedings. (5) Judges may initiate, permit, or consider ex parte communications when authorized by law to do so, such as when issuing temporary protective orders, arrest warrants, or search warrants, or when serving on therapeutic, problem-solving, or accountability courts, including drugs courts, mental health courts, and veterans’ courts. (B) If a judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judge shall make provision promptly to notify the parties of the substance of the communication and provide the parties with a reasonable opportunity to respond. (C) Judges shall not investigate facts in a pending proceeding or impending matter independently, and in making adjudicative decisions shall consider only the evidence presented and any facts that may properly be judicially noticed. The facts a judge shall not investigate include those derived from personal observations or media, including printed publications, computer retrievable electronic data, or internet and social network communications. (D) A judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judge’s direction and control. 24 Commentary: [1] Judges shall immediately stop any attempted improper ex parte communication. Rule 2.9 (B) does not excuse a judge from this ethical requirement. [2] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed. [3] See Rules 2.7 and 2.9 (C), addressing limits on the scope of evidence that may be legitimately considered by the court. [4] In recent years, jurisdictions in Georgia have created what are often called therapeutic, problem-solving, or accountability courts, including drug courts, mental health courts, and veterans’ courts. Judges presiding over these courts are often authorized and encouraged to act in non-traditional ways, such as monitoring the progress of participating defendants by communicating directly on issues of fact and law with members of the accountability court team, which may include court staff, lawyers, case managers, service coordinators, and providers, compliance monitors, law enforcement officers, probation officers, and others. In this setting, ex parte communications that would otherwise be prohibited by this Code may be authorized by law, including general or local accountability court rules and standards that have been approved by the Supreme Court of Georgia. Courts using this authority should ensure that participating parties are advised of the potential for and scope of the permitted ex parte communications and have waived on the record with the advice of counsel any objection to such communications. Because the impartiality of a judge is essential to the legitimacy of all courts, any such waiver, while granting permission to the adjudicating authority to participate in ex parte communications, shall not operate as an irreversible bar to a motion for disqualification pursuant to Rule 2.11 based upon factual circumstance arising subsequent to the waiver. [5] The proscription against communications concerning a proceeding includes communications from lawyers, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted. [6] To the extent reasonably possible, all parties or their lawyers shall be included in communications with a judge. [7] Whenever presence of a party or notice to a party is required by this Rule, it is the party’s lawyer, or if the party is unrepresented, the party, who is to be present or to whom notice is given. 25 [8] Judges may request a party to submit proposed findings of fact and conclusions of law, so long as the other parties are apprised of the request and are given an opportunity to respond to the proposed findings and conclusions. [9] Judges may consult with other judges on pending proceedings and impending matters, but must avoid ex parte discussions of a case with judges who have previously been disqualified from hearing the matter, and with judges who have appellate jurisdiction over the matter. [10] Judges may consult with the Judicial Qualifications Commission, outside counsel, or legal experts concerning compliance with this Code. Such consultations are not subject to the restrictions of Rule 2.9. [11] Impending matters and pending proceedings are only as good as the parties make them; neutral and detached impartial judges should not be concerned about augmenting cases. [12] Judges must take reasonable efforts, including the provision of appropriate supervision, to ensure this Rule is not violated through law clerks or other personnel on their staff. --- CITATION: Ga. Code Jud. Cond. 2.10 TITLE: Judicial Statements on Pending Proceedings and Impending Matters CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.10/ TEXT: Ga. Code Jud. Cond. 2.10. Judicial Statements on Pending Proceedings and Impending Matters (A) Judges shall not make, on any pending proceeding or impending matter in any court, any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any non-public comment that might substantially interfere with a fair trial or hearing. (B) Judges shall not, in connection with cases, controversies, or issues that are likely to come before the court, make promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office. (C) Judges shall require court staff, court officials, and others subject to the judge’s direction and control to refrain from making statements that the judge would be prohibited from making by Rule 2.10. (D) Notwithstanding the restrictions in Rule 2.10, a judge may make public statements in the course of official duties, may explain court procedures, and 26 may comment on any proceeding in which the judge is a litigant in a personal capacity. (E) Reserved. Commentary: [1] This Rule’s restrictions on judicial speech are essential to the maintenance of the independence, integrity, and impartiality of the judiciary. The requirement that judges abstain from public comment regarding a pending proceeding or impending matter continues during any appellate process until final disposition. [2] This Rule does not prohibit judges from commenting on proceedings in which the judge is a litigant in a personal capacity. In cases such as a writ of mandamus where a judge is a litigant in an official capacity, the judge shall not comment. --- CITATION: Ga. Code Jud. Cond. 2.11 TITLE: Disqualification and Recusal CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.11/ TEXT: Ga. Code Jud. Cond. 2.11. Disqualification and Recusal (A) Judges shall disqualify themselves in any proceeding in which their impartiality might reasonably be questioned, or in which: (1) The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or personal knowledge of disputed evidentiary facts concerning an impending matter or a pending proceeding. (2) The judge is within the third degree of relationship to any of the following listed persons, or the judge’s spouse, domestic partner, intimate partner, or any other member of a judge’s family residing in the judge’s household is within the third degree of relationship to any of the following persons: (a) a party to the proceeding, or an officer, director, or trustee of a party; (b) a lawyer in the proceeding; 27 (c) a person known by the judge to have a more than de minimis interest that could be substantially affected by the outcome of the proceeding; or (d) a person who to the judge’s knowledge is likely to be a material witness in the proceeding. (3) Reserved. (4) The judge has received or benefited from an aggregate amount of campaign contributions or support so as to create a reasonable question as to the judge’s impartiality. When determining impartiality with respect to campaign contributions or support, the following may be considered: (a) amount of the contribution or support; (b) timing of the contribution or support; (c) relationship of contributor or supporter to the parties; (d) impact of contribution or support; (e) nature of contributor’s prior political activities or support and prior relationship with the judge; (f) nature of impending matter or pending proceeding and its importance to the parties or counsel; (g) contributions made independently in support of the judge over and above the maximum allowable contribution that may be contributed to the judicial candidate; and (h) any factor relevant to the issue of campaign contribution or support that causes the judge’s impartiality to be questioned. (5) The judge has made pledges or promises of conduct in office other than the faithful and impartial performance of the adjudicative duties of the 28 office, or statements that commit the judicial candidate with respect to issues likely to come before the court in its adjudication of cases. (6) The judge served as a lawyer in the matter of controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning it, or the judge has been a witness or party in the matter of controversy. (B) Judges shall keep informed about their personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal financial interests of their spouse, domestic partner, intimate partner, and minor children residing in their households, because such interests may bear on the need for judicial disqualification. (C) Judges disqualified by the terms of Rule 2.11 may disclose on the record, or in open court, the basis of their disqualification and may ask the parties and their lawyers to consider, out of the presence of the judge, whether to waive disqualification. If following disclosure of any basis for disqualification, other than personal bias or prejudice concerning a party, the parties and lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge is then willing to participate, the judge may participate in the proceeding. The agreement shall be incorporated in the record or the file of the proceeding. Commentary: [1] Under this Rule, judges are subject to disqualification whenever their impartiality might reasonably be questioned, regardless of whether any of the specific items in Rule 2.11 (A) apply. For example, if a judge were in the process of negotiating for employment with a law firm, the judge would be disqualified from any matters in which that firm appeared, unless the disqualification was waived by the parties after disclosure by the judge. [2] Judges should disclose on the record, or in open court, information that the court believes the parties or their lawyers might consider relevant to the question of disqualification, even if they believe there is no legal basis for disqualification. The public filing of a campaign contribution disclosure report or financial disclosure statement shall be deemed disclosure to all parties of the information contained therein. 29 [3] The rule of necessity may override the rule of disqualification. For example, a judge might be required to participate in judicial review of a judicial salary statute, or might be the only judge available in a matter requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order. In the latter case, the judge shall disclose on the record the basis for possible disqualification and use reasonable efforts to transfer the matter to another judge as soon as possible. [4] A disqualifying bias or prejudice may arise because the lawyer or the lawyer’s firm has provided legal counsel either for or adverse to the judge, including in any personal matter or in a matter related to discipline before the Judicial Qualifications Commission, the State Bar of Georgia, or other appropriate authority. [5] The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is affiliated does not of itself disqualify the judge. Under appropriate circumstances, the fact that the judge’s impartiality might “reasonably be questioned” under Rule 2.11 (A), or that the relative is known by the judge to have an interest in the law firm that could be “substantially affected by the outcome of the proceeding” under Rule 2.11 (A) (2) (c) requires the judge’s disqualification. [6] A lawyer in a government agency does not ordinarily have an association with other lawyers employed by that agency within the meaning of --- CITATION: Ga. Code Jud. Cond. 2.12 TITLE: Supervisory Duties CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.12/ TEXT: Ga. Code Jud. Cond. 2.12. Supervisory Duties (A) Judges shall require their staffs, court officials, and others subject to their direction and control to observe the standards of fidelity and diligence that apply to the judges, to refrain from manifesting bias or prejudice in the performance of their official duties, and to act in a manner consistent with the judge’s obligations under this Code. (B) Judges with supervisory authority for judicial performance of other judges should take reasonable measures to assure the prompt disposition of matters before these judges, along with the proper performance of their other judicial responsibilities. Commentary: [1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judge’s direction or control. A judge may not direct court personnel to engage in conduct on the judge’s behalf or as the judge’s representative when such conduct would violate this Code if undertaken by the judge. [2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority should take the steps needed to ensure that judges under his or her supervision administer their workloads promptly. --- CITATION: Ga. Code Jud. Cond. 2.13 TITLE: Administrative Appointments CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.13/ TEXT: Ga. Code Jud. Cond. 2.13. Administrative Appointments (A) In making administrative appointments, a judge: (1) shall exercise the power of appointment impartially and on the basis of merit; and (2) shall avoid nepotism, favoritism, and unnecessary appointments. (B) Reserved. 32 (C) Judges shall not approve compensation of appointees beyond the fair value of services rendered. Commentary: Appointees of judges include assigned counsel, officials such as referees, commissioners, special masters, receivers and guardians, and personnel such as clerks, secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by Rule 2.13 (A) (1). --- CITATION: Ga. Code Jud. Cond. 2.14 TITLE: Disability and Impairment CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.14/ TEXT: Ga. Code Jud. Cond. 2.14. Disability and Impairment Judges having a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program. --- CITATION: Ga. Code Jud. Cond. 2.15 TITLE: Responding to Judicial and Lawyer Misconduct CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.15/ TEXT: Ga. Code Jud. Cond. 2.15. Responding to Judicial and Lawyer Misconduct (A) Judges who receive information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. Judges having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness for office shall inform the appropriate authority. (B) Judges who receive information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct of the State Bar of Georgia should take appropriate action. Judges having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct of the State Bar of Georgia that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate authority. (C) Acts of judges in the discharge of disciplinary responsibilities, required or permitted by Rule 2.15 (A) and Rule 2.15 (B), are part of their judicial duties and shall be absolutely privileged. 33 (D) A judge who is arrested for or has been charged by way of indictment, information, or complaint with a serious crime, shall inform the appropriate authority in writing within five days of being arrested or being charged. Commentary: [1] Taking action to address known misconduct is a judge’s obligation. Cooperation with appropriate authorities, as required by this Rule, in the investigations and proceedings of judicial and lawyer disciplinary agencies instills public confidence in judges’ commitment to the integrity of the judicial system and the protection of the public. [2] Rule 2.15 (A) requires judges to inform the appropriate authority of another judge’s violation of the Code of Judicial Conduct, if the violation raises a substantial question of fitness for office and if the violation is actually known to the reporting judge. [3] Rule 2.15 (B) also requires judges to report to the State Bar of Georgia any violation by a lawyer of the Rules of Professional Conduct, if the violation raises a substantial question of the lawyer’s fitness as a lawyer and, again, if the violation is actually known to the reporting judge. --- CITATION: Ga. Code Jud. Cond. 2.16 TITLE: Reserved CHAPTER: Georgia Code of Judicial Conduct — Canon 2 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/2.16/ TEXT: Ga. Code Jud. Cond. 2.16. Reserved 34 Canon 3 JUDGES SHALL REGULATE THEIR EXTRA-JUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH THEIR JUDICIAL DUTIES. --- CITATION: Ga. Code Jud. Cond. 3.1 TITLE: Participation in Extra-Judicial Activities CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.1/ TEXT: Ga. Code Jud. Cond. 3.1. Participation in Extra-Judicial Activities (A) Judges shall not engage in extra-judicial activities that detract from the dignity of their office or interfere with the performance of their judicial duties. (B) Reserved. (C) Judges may engage in extra-judicial activities, provided that doing so will not interfere with proper performance of judicial duties or cast doubt on their capacity to impartially decide any issue. Commentary: Complete separation of judges from extra-judicial activities is neither possible nor wise; they should not become isolated from the society in which they live. Title and sections (A) and (C) amended effective September 22, 2016. --- CITATION: Ga. Code Jud. Cond. 3.2 TITLE: Appearances before Governmental Bodies and Consultation with Government Officials CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.2/ TEXT: Ga. Code Jud. Cond. 3.2. Appearances before Governmental Bodies and Consultation with Government Officials Judges may appear at public hearings before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice, and they may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice. --- CITATION: Ga. Code Jud. Cond. 3.3 TITLE: Testifying as a Character Witness CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.3/ TEXT: Ga. Code Jud. Cond. 3.3. Testifying as a Character Witness Judges shall not testify voluntarily as a character witness. 35 Commentary: Judges must not testify voluntarily as a character witness, because to do so may lend the prestige of the judicial office in support of a party for whom the judge testifies. Moreover, when a judge testifies as a witness, a lawyer who regularly appears before the judge may be placed in the awkward position of cross-examining the judge. A judge may, however, testify when properly summoned. --- CITATION: Ga. Code Jud. Cond. 3.4 TITLE: Accepting Extra-Judicial Appointments CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.4/ TEXT: Ga. Code Jud. Cond. 3.4. Accepting Extra-Judicial Appointments Judges should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice, if acceptance of such appointment might reasonably cast doubt upon their impartiality or demean the judge’s office. Commentary: Valuable services have been rendered in the past to the states and the nation by judges appointed by the executive to undertake important extra- judicial assignments. The appropriateness of conferring these assignments on judges must be reassessed, however, in light of the demands on judicial officers created by today’s crowded dockets and the need to protect the courts from involvement in extra-judicial matters that may prove to be controversial. Judges should not be expected or permitted to accept governmental appointments that could interfere with the effectiveness and independence of the judiciary. --- CITATION: Ga. Code Jud. Cond. 3.5 TITLE: Use of Non-Public Information CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.5/ TEXT: Ga. Code Jud. Cond. 3.5. Use of Non-Public Information Judges shall not disclose or use, for any purpose unrelated to judicial duties, non-public information acquired in a judicial capacity. --- CITATION: Ga. Code Jud. Cond. 3.6 TITLE: Avoiding Associations That Undermine the Impartiality of Judges CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.6/ TEXT: Ga. Code Jud. Cond. 3.6. Avoiding Associations That Undermine the Impartiality of Judges (A) A judge shall not hold membership in any organization that practices invidious discrimination. 36 (B) A judge shall not use the benefits or facilities of an organization if the judge knows or should know that the organization practices invidious discrimination. A judge’s attendance at an event in a facility of an organization that the judge is not permitted to join is not a violation of this Rule when the judge’s attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization’s practices. Commentary: [1] A judge’s public manifestation of approval of invidious discrimination gives rise to the appearance of impropriety and diminishes public confidence in the integrity and impartiality of the judiciary. A judge’s membership in an organization that practices invidious discrimination creates the perception that the judge’s impartiality is impaired. [2] An organization is generally said to discriminate invidiously if it arbitrarily excludes from membership, position or participation on the basis of age, disability, ethnicity, gender or sex, marital status, national origin, race, religion, or sexual orientation persons who would otherwise be eligible for admission. Whether an organization practices invidious discrimination is a complex question to which judges should be attentive. The answer cannot be determined from a mere examination of an organization’s current membership rolls, but rather, depends upon how the organization selects members, as well as other relevant factors, such as whether the organization is dedicated to the preservation of religious, ethnic, or cultural values of legitimate common interest to its members, or whether it is an intimate, purely private organization whose membership limitations could not constitutionally be prohibited. [3] When a judge learns that an organization to which the judge belongs engages in invidious discrimination, the judge must resign immediately from the organization. [4] A judge’s membership in a religious organization as a lawful exercise of the freedom of religion is not a violation of this Rule. [5] This Rule does not apply to national or state military service. --- CITATION: Ga. Code Jud. Cond. 3.7 TITLE: Participation in Law-Related, Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.7/ TEXT: Ga. Code Jud. Cond. 3.7. Participation in Law-Related, Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities (A) Judges may engage in activities concerning the law, the legal system, and the administration of justice, provided that doing so will not interfere with the 37 performance of their official duties or cast doubt on their capacity to impartially decide any issue. (1) Judges may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. (2) Judges may serve as members of an organization or governmental agency concerning the law, the legal system, or the administration of justice. Judges shall not give investment advice to such an organization, but they may serve on its board of directors or trustees and participate in its management, even when governance includes the responsibility for approving investment decisions. (3) Judges may assist such organizations in raising funds, and may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice, but judges shall not personally solicit funds during public fundraising activities. (B) Judges may participate in educational, religious, charitable, fraternal, or civic activities that do not reflect adversely upon their impartiality or interfere with the performance of their judicial duties. (1) Judges may serve as officers, directors, trustees, or non-legal advisors of educational, religious, charitable, fraternal, or civic organizations not conducted for the economic or political advantage of their members, subject to the following limitations: (a) judges shall not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before them; (b) judges shall not serve if it is likely that the organization will be regularly engaged in adversary proceedings in any court; and (c) judges shall not give investment advice to such an organization, but they may serve on its board of directors or trustees and 38 participate in its management, even when governance includes the responsibility for approving investment decisions. (2) Judges shall not personally solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of their office for that purpose, but they may be listed as officers, directors, or trustees of such organizations. Commentary: [1] To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate law-related activities. As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice, either independently or through a bar association, judicial conference, or other organization dedicated to such improvements. [2] Judges should be aware of the prohibitions in OCGA § 21-5-11 relating to the acceptance of a monetary fee or honorarium for a speaking engagement or participation in a seminar, discussion panel, or other activity that directly relates to the official duties or office of a public officer. [3] The changing nature of some organizations and of their relationship to the law makes it necessary for judges regularly to re-examine the activities of each organization with which they are affiliated, to determine if it is proper for them to continue their relationship with it. For example, in many jurisdictions charitable hospitals are now more frequently in court than in the past. Similarly, the boards of some legal aid organizations now make policy decisions that may have political significance or imply commitment to causes that may come before the courts for adjudication. Commentary [1] amended effective September 22, 2016. --- CITATION: Ga. Code Jud. Cond. 3.8 TITLE: Fiduciary Activities CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.8/ TEXT: Ga. Code Jud. Cond. 3.8. Fiduciary Activities (A) Judges should not serve as fiduciaries, except for the estates, trusts, or persons of members of their families, and then only if such service will not 39 interfere with the proper performance of their judicial duties. As family fiduciaries, judges are subject to the following restrictions. (B) Judges should not serve if it is likely that as fiduciaries, they will be engaged in proceedings that would ordinarily come before them, or if the estates, trusts, or wards become involved in adversary proceedings in the court on which they serve or one under its appellate jurisdiction. (C) While acting as fiduciaries, judges are subject to the same restrictions on financial activities that apply to them in their personal capacities. Commentary: Judges’ obligations under this Canon and their obligations as fiduciaries may come into conflict. For example, a judge should resign as trustee if it would result in detriment to the trust to divest it of holdings whose retention would place the judge in violation of Rule 3.11. --- CITATION: Ga. Code Jud. Cond. 3.9 TITLE: Arbitration and Mediation CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.9/ TEXT: Ga. Code Jud. Cond. 3.9. Arbitration and Mediation Judges shall not act as arbitrators or mediators for compensation. This prohibition does not apply to senior judges who serve as judges. --- CITATION: Ga. Code Jud. Cond. 3.10 TITLE: Practice of Law CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.10/ TEXT: Ga. Code Jud. Cond. 3.10. Practice of Law Judges shall not practice law, unless allowed by law. --- CITATION: Ga. Code Jud. Cond. 3.11 TITLE: Financial Activities and Business Dealings CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.11/ TEXT: Ga. Code Jud. Cond. 3.11. Financial Activities and Business Dealings (A) Information acquired by judges in their judicial capacity should not be used or disclosed by them in financial dealings or for any purpose not related to their judicial duties. (B) Judges should refrain from financial and business dealings with lawyers, litigants, and others that tend to reflect adversely on their impartiality, interfere with the proper performance of their judicial duties, or exploit their judicial positions. 40 (C) Subject to the requirement of Rule 3.11 (B), judges may hold and manage investments, including real estate, and engage in other remunerative activity including the operation of a business, as long as the business is not related to court-directed services. (D) Judges should manage their investments and other financial interests to minimize the number of cases in which they are disqualified. As soon as they can do so without serious financial detriment, they should divest themselves of investments and other financial interests that might require frequent disqualification. (E) Judges should keep informed about their personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal financial interests of their spouse, domestic partner, intimate partner, and minor children residing in their households. (F) Judges are not required by this Code to disclose their income, debts, or investments, except as provided in Canons 2 and 3. Commentary: [1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extra-judicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with performance of judicial duties. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required or that trades on the prestige of judicial office to promote the business. [2] Canon 2 requires judges to disqualify themselves in any proceeding in which they have a more than de minimis financial interest; Canon 3 requires judges to refrain from financial activities that might interfere with the impartial performance of their judicial duties; Canon 3 also requires judges to report certain gifts or similar benefits as well as compensation they receive for activities involving personal services outside their judicial office. Judges have 41 the rights of an ordinary citizen, including the right to privacy in their financial affairs, except to the extent that limitations thereon are required to safeguard the proper performance of their duties. Owning and receiving income from investments do not as such affect the performance of a judge’s duties. Commentary [2] amended effective September 22, 2016. --- CITATION: Ga. Code Jud. Cond. 3.12 TITLE: Receiving Extra-Judicial Compensation CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.12/ TEXT: Ga. Code Jud. Cond. 3.12. Receiving Extra-Judicial Compensation Judges may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Code, unless the source of such payments gives the appearance of influencing the performance of judicial duties or otherwise would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality. Such compensation should not exceed a reasonable amount, nor should it exceed what a person who is not a judge would receive for the same activity. Commentary: When performing a wedding outside their normal office hours and outside the courthouse, judges may receive a reasonable tip, gratuity, or negotiated consideration. See OCGA § 19-3-49 and Rule 2.5. Any such remuneration shall be reported under Rule 3.15 as extra-judicial compensation. Title, text, and Commentary amended effective September 22, 2016. --- CITATION: Ga. Code Jud. Cond. 3.13 TITLE: Gifts or Similar Benefits CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.13/ TEXT: Ga. Code Jud. Cond. 3.13. Gifts or Similar Benefits (A) When Always Prohibited — Judges shall not accept a gift or similar benefit if: (1) its acceptance is prohibited by law; or (2) its acceptance would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality. 42 (B) When the Source Has Interests Before the Judge — When the source has interests before the judge as a party or other person, including a lawyer, who has come or is likely to come before the court, the judge may accept a gift or similar benefit that does not exceed $100 in value, unless prohibited by Rule 3.13 (A). If the same source provides gifts or similar benefits exceeding, in the aggregate, $500 in the same calendar year, the acceptance of all of those gifts or similar benefits must be reported under Rule 3.15. (C) When the Source Does Not Have Interests Before the Judge — When the source does not have interests before the judge as a party or other person, including a lawyer, who has come or is likely to come before the court, the judge may accept a gift or similar benefit, unless prohibited by Rule 3.13 (A). If the same source provides gifts or similar benefits exceeding, in the aggregate, $500 in the same calendar year, the acceptance of all of those gifts or similar benefits must be reported under Rule 3.15. (D) When Generally Allowed — Except where prohibited by Rule 3.13 (A) and notwithstanding Rule 3.13 (B) and (C), judges may accept the following without reporting such acceptance: (1) Invitations to the judge and the judge’s spouse, domestic partner, intimate partner, or guest to attend without charge or with reimbursement of expenses: (a) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or (b) an event associated with any of the judge’s educational, religious, charitable, fraternal or civic activities permitted by this Code, if the same invitation is offered to non-judges who are engaged in similar ways in the activity as the judge. (2) Gifts incident to a public testimonial to the judge. 43 (3) Items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards. (4) Ordinary social hospitality, including reciprocal socializing in which meals, lodging, recreational activities, tickets, or similar benefits are provided or paid for both by the judge and a friend or group of friends in substantially equal total amounts over a period of time. (5) Commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judges. (6) Rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judges. (7) Scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judges, based upon the same terms and criteria. (8) Books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use. (9) Gifts or similar benefits from friends, relatives, or other persons, including lawyers, whose appearance or interest in a pending proceeding or impending matter before the judge would in any event require disqualification of the judge under Rule 2.11. (10) Gifts or similar benefits associated with the business, profession, or other separate activity of a spouse, a domestic partner, intimate partner, or other family member of a judge residing in the judge’s household, which incidentally benefit the judge. 44 Commentary: [1] For purposes of this Rule, “gifts or similar benefits” includes any gift, bequest, benefit, favor, loan, or other thing of value, including such things as travel; lodging; meals; golf, hunting, and other recreational activities; and tickets to sporting, entertainment, and charitable events. The value of such tickets is the face value of the ticket or, in the case of tickets to charitable events, the value of goods and services provided in exchange for the charitable contribution (i.e., the non-tax-deductible portion of the contribution). [2] This Rule does not apply to contributions to a judge’s campaign for judicial office, a matter governed by Canon 4. [3] In dealing with gifts or similar benefits, judges must distinguish among things that can never be accepted, see Rule 3.13 (A); things for which acceptance, limits, and reporting requirements depend on whether the source has interests before the judge, see Rule 3.13 (B) or does not have such interests, see Rule 3.13 (C); and things that generally may be accepted and do not require reporting, see Rule 3.13 (D). [4] Rule 3.13 applies only to the acceptance of gifts or similar benefits by a judge. Nonetheless, if a gift or similar benefit is given to someone in the judge’s family, it may be viewed as an attempt to evade Rule 3.13 and to influence the judge indirectly and may require the judge’s disqualification under the general provisions of Rule 2.11 (A). Where the gift or similar benefit is provided primarily to such other person and the judge is at most an incidental beneficiary, this concern is reduced. A judge should, however, remind family members of the restrictions imposed upon judges, and urge them to take these restrictions into account when making decisions about accepting gifts or similar benefits. [5] Whenever a judge accepts a gift or similar benefit without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the judge’s decision in a case. Rule 3.13 imposes restrictions upon the acceptance and reporting of such benefits according to the magnitude of the risk. Rule 3.13 (D) identifies circumstances in which the risk is low that the acceptance would appear to undermine the judge’s independence, integrity, or impartiality, and explicitly provides that such items need not be publicly reported. [6] Gift-giving between friends and relatives is a common occurrence and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judge’s independence, integrity, or 45 impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the judge’s disqualification under Rule 2.11, there would be no opportunity for a gift to influence the judge’s decision-making. Rule 3.13 (D) places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances and does not require reporting. [7] Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers, based upon longevity of the relationship, volume of business transacted, and other factors. A judge may freely accept such benefits if they are available to the general public, or if the judge qualifies for the special price or discount according to the same criteria as are applied to persons who are not judges. As an example, loans provided at generally prevailing interest rates are not gifts, but a judge could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judge also possesses. [8] Georgia judges have traditionally participated in numerous bar- related functions and in a wide variety of educational, religious, charitable, fraternal, and civic activities. The sponsors of such events frequently waive registration and other fees associated with the events, and sometimes reimburse necessary travel, food, lodging, and incidental expenses, to allow and encourage judges to participate. Such participation by judges in the legal community and the general community is encouraged, and reporting of invitations to such events and public testimonials to judges at such events is not required because it could discourage these activities. However, before accepting such an invitation or testimonial, a judge should consider all of the circumstances that may make the acceptance, individually or when viewed in relation to other accepted invitations and testimonials, appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality and thus to require disqualification under Rule 3.13 (A) (2). These factors may include: whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups; whether the event is primarily educational rather than recreational; whether the sponsor is an educational institution or bar association rather than a trade association or for-profit entity; whether the 46 funding for the event comes largely from numerous contributors rather than from a single entity; whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear in the judge’s court; whether differing viewpoints are presented; and whether a broad range of judicial and, if not a legal event, non-judicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges. --- CITATION: Ga. Code Jud. Cond. 3.14 TITLE: Expense Reimbursement CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.14/ TEXT: Ga. Code Jud. Cond. 3.14. Expense Reimbursement Expense reimbursement should be limited to the actual cost of travel, food, and lodging and other necessary expenses reasonably incurred by judges and, where appropriate to the occasion, by their spouses, domestic partners, or intimate partners. Any payment in excess of such an amount is compensation. --- CITATION: Ga. Code Jud. Cond. 3.15 TITLE: Reports and Procedures for Reporting CHAPTER: Georgia Code of Judicial Conduct — Canon 3 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/3.15/ TEXT: Ga. Code Jud. Cond. 3.15. Reports and Procedures for Reporting (A) Judges shall regularly file reports on the amount or value of: (1) compensation received for extra-judicial activities involving personal services as permitted by Rules 3.1 (C), 3.2, 3.7, 3.8, 3.11, and 3.14, if the value of such compensation exceeds $500 in the same calendar year; and (2) gifts or similar benefits as required by Rule 3.13, if the same source provides gifts or similar benefits exceeding, in the aggregate, $500 in the same calendar year. (3) Reserved. (B) When reporting as required by Rule 3.15 (A), judges shall report the date, source, amount, and nature of the activity for which they received any such compensation; and the date, source, value, and description of any such gift or similar benefit accepted. (C) Judges are required to file an annual report under this Rule, even if the report states that no reportable extra-judicial compensation or gifts and similar benefits were received. 47 (D) Judges’ reports for each calendar year should be filed between January 1 and April 15 of the following year with the office of the Clerk of the Supreme Court of Georgia. Such reports shall be available for public inspection. Sections (A) (1), (B) and (C) amended effective September 22, 2016. 48 Canon 4 JUDGES SHALL REFRAIN FROM POLITICAL ACTIVITY INAPPROPRIATE TO THEIR JUDICIAL OFFICE. --- CITATION: Ga. Code Jud. Cond. 4.1 TITLE: Political Conduct in General CHAPTER: Georgia Code of Judicial Conduct — Canon 4 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/4.1/ TEXT: Ga. Code Jud. Cond. 4.1. Political Conduct in General (A) A judge or a judicial candidate for public election to judicial office shall not: (1) act or hold himself or herself out as a leader or hold any office in a political organization; (2) make speeches for a political organization or candidate or publicly endorse another candidate for public office; or (3) solicit funds for or pay an assessment or make a contribution to a political organization, or purchase tickets for political party dinners or other functions, except as authorized in Rule 4.1 (B). (B) Judges and judicial candidates holding an office filled either by retention election or by public election between competing candidates may attend political gatherings and speak to such gatherings on their own behalf when they are candidates for election or re-election. Commentary: A judicial candidate does not publicly endorse another candidate for public office by having his or her name on the same ballot. --- CITATION: Ga. Code Jud. Cond. 4.2 TITLE: Campaign Conduct CHAPTER: Georgia Code of Judicial Conduct — Canon 4 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/4.2/ TEXT: Ga. Code Jud. Cond. 4.2. Campaign Conduct (A) Judicial candidates: (1) shall prohibit officials or employees subject to their direction or control from doing for them what they are prohibited from doing under this 49 Canon, and shall not allow any other person to do for them what they are prohibited from doing under this Canon; (2) shall not make statements or promises that commit the candidate with respect to issues likely to come before the court that are inconsistent with the impartial performance of the adjudicative duties of judicial office; (3) shall not use or participate in the publication of a false statement of fact, or make any misleading statement concerning themselves or their candidacies, or concerning any opposing judicial candidate or candidacy, with knowledge of the statement’s falsity or with reckless disregard for the statement’s truth or falsity; (4) shall be responsible for the content of any statement or advertisement published or communicated in any medium by a campaign committee, if the judicial candidate knew of or recklessly disregarded the content of said statement or advertisement prior to its release; and (5) except where a statement or advertisement is published or communicated by a third party, shall be responsible for reviewing and approving the content of his or her statements and advertisements, and those of his or her campaign committee. Failure to do so will not be a defense to a complaint for violation of this Canon. (B) Judicial candidates may personally solicit campaign contributions and publicly stated support. Judicial candidates, including incumbent judges, shall not use or permit the use of campaign contributions for the private benefit of themselves or members of their families. Commentary: [1] This Canon does not prohibit a judge or judicial candidate from publicly stating his or her personal views on disputed issues, see Republican Party v. White, 536 U. S. 765 (122 SCt 2528, 153 LE2d 694) (2002). To ensure that voters understand a judge’s duty to uphold the Constitution and laws of Georgia where the law differs from his or her personal belief, however, judges and judicial candidates are encouraged to emphasize in any public statement their duty to uphold the law regardless of their personal views. 50 [2] Rule 4.2 (A) (2) prohibits judicial candidates from making comments that might impair the fairness of pending proceedings or impending matters. This provision does not restrict arguments or statements to the court or jury by a lawyer who is a judicial candidate, or rulings, statements, or instructions by a judge that may appropriately affect the outcome of a matter. [3] Judicial candidates may receive questionnaires or requests for interviews from the media and from issue advocacy or other community organizations that seek to learn their views on disputed or controversial legal or political issues. Rule 4.2 (A) (2) does not specifically address judicial responses to such inquiries. Depending upon the wording and format of such questionnaires, judicial candidates’ responses might be viewed as pledges, promises, or commitments to perform the adjudicative duties of office other than in an impartial way. To avoid violating Rule 4.2 (A) (2), therefore, judicial candidates who respond to media and other inquiries should also give assurances that they will keep an open mind and will carry out their adjudicative duties faithfully and impartially if elected. Judicial candidates who do not respond may state their reasons for not responding, such as the danger that answering might be perceived by a reasonable person as undermining a successful judicial candidate’s independence or impartiality, or that it might lead to frequent disqualification. See Rule 2.11 (A) (5). [4] The determination of whether a judicial candidate knows of falsity or recklessly disregards the truth or falsity of his or her public communication is an objective one. [5] Judicial candidates are sometimes the subject of false, misleading, or unfair allegations made by opposing judicial candidates, third parties, or the media. For example, false or misleading statements might be made regarding the identity, present position, experience, qualifications, or judicial rulings of a judicial candidate. In other situations, false or misleading allegations may be made that bear upon a judicial candidate’s integrity or fitness for judicial office. As long as the judicial candidate does not violate the Rules of Canon 4, the judicial candidate may make a factually accurate public response. In addition, when an independent third party has made unwarranted attacks on a judicial candidate’s opponent, the judicial candidate may disavow the attacks, and request the third party to cease and desist. [6] Subject to Rules 4.2 (A) (2) and 4.2 (A) (3), a judicial candidate is permitted to respond directly to false, misleading, or unfair allegations made 51 against him or her during a campaign, although it is preferable for someone else to respond if the allegations relate to a pending proceeding. [7] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Rules 4.2 (A) (4) and 4.2 (A) (5) obligate judicial candidates and their campaign committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading. [8] The use of campaign committees is encouraged, because they may better maintain campaign decorum and reduce campaign activity that may cause requests for recusal, or the appearance of partisanship with respect to issues or the parties that require recusal. --- CITATION: Ga. Code Jud. Cond. 4.3 TITLE: Candidacy for Appointive Judicial Office CHAPTER: Georgia Code of Judicial Conduct — Canon 4 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/4.3/ TEXT: Ga. Code Jud. Cond. 4.3. Candidacy for Appointive Judicial Office A judicial candidate seeking appointment to judicial office may: (A) communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and (B) seek endorsements for the appointment from any person or organization other than a partisan political organization. Commentary: When seeking support or endorsement, or when communicating directly with an appointing or confirming authority, judicial candidates for appointive office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. See Rule 4.2 (A) (2). --- CITATION: Ga. Code Jud. Cond. 4.5 TITLE: Candidacy for Non-Judicial Office CHAPTER: Georgia Code of Judicial Conduct — Canon 4 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/4.5/ TEXT: Ga. Code Jud. Cond. 4.5. Candidacy for Non-Judicial Office (A) Upon becoming a candidate for a non-judicial elective office, a judge shall resign from judicial office, unless permitted by law to continue to hold judicial 52 office, but regardless the judge must comply with all applicable provisions of this Code. (B) Upon becoming a candidate for a non-judicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with State law and with applicable provisions of this Code. Commentary: [1] It is highly unlikely that any judge who engages in active campaigning for a non-judicial elective office could do so without violating a Canon 4 norm of permissible campaign practice. It is also more likely that such a judge will experience strict scrutiny of campaign behavior and will remain subject to professional discipline for any violation of the rules of judicial campaign behavior. Therefore, as suggested by this Rule, “resign to run” presents the better professional practice. [2] In campaigns for non-judicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act when elected to office. Although appropriate in campaigns for non-judicial elective office, this manner of campaigning is inconsistent with the role of judges, who must remain fair and impartial to all who bring disputes before them for resolution. [3] This Rule ensures that judges who become candidates for non- judicial elective office cannot misuse the judicial office to promote that candidacy, and prevents post-campaign retaliation by such judges in the event of their defeat in such an election. --- CITATION: Ga. Code Jud. Cond. 4.6 TITLE: Applicability of the Political Conduct Rules CHAPTER: Georgia Code of Judicial Conduct — Canon 4 EDITION: Georgia Code of Judicial Conduct, effective 1 February 2024 URL: https://gps.press/rules/cjc/4.6/ TEXT: Ga. Code Jud. Cond. 4.6. Applicability of the Political Conduct Rules This Canon generally applies to all incumbent judges and judicial candidates. A successful or unsuccessful judicial candidate, whether or not an incumbent, is subject to judicial discipline by the appropriate authority for improper campaign conduct. Commentary: Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes 53 decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. This Canon imposes narrowly tailored restrictions upon the political and campaign activities of all judges and judicial candidates, taking into account the various methods of selecting judges. Effective Date of Revised Code and Amendments The former Code of Judicial Conduct remains in effect as to conduct occurring before the effective date of this version, which is January 1, 2016. Subsequent amendments to this version having later effective dates are so indicated at the location of the amendments. 54 APPENDIX: CITATIONS TO TERMINOLOGY The defined terms listed below are presented in italics where they appear in the Rules, as well as the Preamble and Scope, Terminology, and Application sections, and in regular text when used in the Commentary. These defined terms may be located using the following cross-reference citations. “Aggregate” See Rule 2.11 (A) (4); Commentary [8], [9], and [10] for Rule 2.11; Rule 3.15 (A) (2). “Appropriate action” See Terminology Section; Rule 2.15 (A) and (B). “Appropriate authority” See Terminology Section; Application Section; Commentary [4] for Rule 2.11; Rule 2.15 (A), (B), and (D); Commentary [1] and [2] for Rule 2.15. “Campaign committee” See Terminology Section; Commentary [12] (i), (ii), and (iii) for Rule 2.11; Rule 4.2 (A) (4) and (5); Commentary [7] and [8] for Rule 4.2. “Campaign contribution disclosure report” See Commentary [2] and [11] for Rule 2.11. “Comment” See Rule 2.10 (A) and (D); Commentary [1] and [2] for Rule 2.10; Commentary [2] for Rule 4.2. “Contribution” See Terminology Section; Rule 2.11 (A) (4) and (A) (4) (a), (b), (d), (g), (h); Commentary [8], [9], [10], and [12] for Rule 2.11; Rule 4.1 (A) (3); Rule 4.2 (B). 55 “De minimis” See Terminology Section; Rule 2.11 (A) (2) (c); Commentary [2] for Rule 3.11. “Degree of relationship” See Rule 2.11 (A) (2). “Domestic partner” See Terminology Section; Rule 2.11 (A) (2) and (B); --- CITATION: Ga. R. Prof. Cond. 1.0 TITLE: Terminology and Definitions CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.0/ TEXT: Ga. R. Prof. Cond. 1.0. Terminology and Definitions “Attorney” denotes a person authorized to practice law by the duly constituted and authorized governmental body of any state or territory in the United States or the District of Columbia or a foreign nation. “Belief” or “believes” denotes that the person involved actually thought the fact in question to be true. A person’s belief may be inferred from the circumstances. “Confidential Proceedings” denotes any proceeding under these rules which occurs prior to a filing in the Supreme Court of Georgia. “Confirmed in writing” when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person, or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (n) for the definition of “informed consent.” If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. “Consult” or “consultation” denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question. “Conviction” or “convicted” denotes any of the following accepted by a court, whether or not a sentence has been imposed: a guilty plea; a plea of nolo contendere; a verdict of guilty; a verdict of guilty but mentally ill; or a plea entered under the Georgia First Offender Act, OCGA § 42-8-60 et seq., or a substantially similar statute in Georgia or another jurisdiction. “Counsel” when used in these rules as a noun, denotes a person authorized to practice law by the duly constituted and authorized governmental body of any state or territory of the United States or the District of Columbia or a foreign nation. This definition does not apply to references to “Office of the General Counsel,” “Bar Counsel,” or “staff counsel.” “Domestic Lawyer” denotes a person authorized to practice law by the duly constituted and authorized governmental body of any state or territory of the United States or the District of Columbia but not authorized by the Supreme Court of Georgia or its rules to practice law in the state of Georgia. “Firm” or “law firm” denotes a lawyer or lawyers in a private firm, law partnership, professional corporation, sole proprietorship or other association authorized to practice law pursuant to Bar Rule 1-203 (d); or lawyers employed in a legal services organization or the legal department of a corporation or other organization. “Foreign Lawyer” denotes a person authorized to practice law by the duly constituted and authorized governmental body of any foreign nation but not authorized by the Supreme Court of Georgia or its rules to practice law in the state of Georgia. “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive; not merely negligent misrepresentation or failure to apprise another of relevant information. “Grievance” denotes an allegation of unethical conduct filed against a lawyer. “He,” “Him,” or “His” denotes generic pronouns including both male and female. “Informed consent” denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in question. A person's knowledge may be inferred from the circumstances. “Lawyer” denotes a person authorized to practice law by the duly constituted and authorized governmental body of any state or territory of the United States of the District of Columbia or a foreign nation. “Lawyer” includes Domestic Lawyers and Foreign Lawyers as defined in Rule 1.0 (h) and 1.0 (j), respectively. “Memorandum of Grievance” denotes an allegation of unethical conduct against a lawyer filed in writing with the Office of the General Counsel and containing the name and signature of the complainant or initiated pursuant to Rule 4-203 (2). “Nonlawyer” denotes a person not authorized to practice law by either the: Supreme Court of Georgia or its rules (including pro hac vice admission), or duly constituted and authorized governmental body of any other state or territory of the United States, or the District of Columbia, or duly constituted and authorized governmental body of any foreign nation. “Notice of Discipline” denotes a notice by the State Disciplinary Board that the respondent will be subject to a disciplinary sanction for violation of one or more Georgia Rules of Professional Conduct unless the respondent affirmatively rejects the notice. “Partner” denotes a member of a partnership, a shareholder in a law firm organized pursuant to Bar Rule 1-203 (d), or a member of an association authorized to practice law. “Petition for Voluntary Surrender of License” denotes a Petition for Voluntary Discipline in which the respondent voluntarily surrenders his license to practice law in this state. A voluntary surrender of license is tantamount to disbarment. “Probable Cause” denotes a finding by the State Disciplinary Board that there is sufficient evidence to believe that the respondent has violated one or more of the provisions of Part IV, Chapter 1 of the rules. "Prospective Client "denotes a person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. “Public Proceedings” denotes any proceeding under these rules that has been filed with the Supreme Court of Georgia. “Reasonable” or “reasonably” when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer. “Reasonable belief” or “reasonably believes” when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable. (aa) “Reasonably should know” when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question. (bb)“Respondent” denotes a person whose conduct is the subject of any disciplinary investigation or proceeding. (cc) “Screened” denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these rules or other law. (dd) “Substantial” when used in reference to degree or extent denotes a material matter of clear and weighty importance. (ee) “Tribunal” denotes a court, an arbitrator in an arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a legal judgment directly affecting a party's interests in a particular matter. (ff) “Willfull blindness” denotes awareness of a high probability that a fact exists and deliberate action to avoid learning of the fact. (gg) “Writing” or “written” denotes a tangible or electronic record of a communication or representation, including but not limited to handwriting, typewriting, printing, photostating, photography, audio or video recording and electronic communications. A “signed” writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing. Comment [1] Bar Rule 4-110 includes additional definitions for terminology used in the procedural section of these rules. Confirmed in Writing [1A] If it is not feasible to obtain or transmit a written confirmation at the time the client gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. If a lawyer has obtained a client's informed consent, the lawyer may act in reliance on that consent so long as it is confirmed in writing within a reasonable time thereafter. Firm [2] Whether two or more lawyers constitute a firm within paragraph (i) can depend on the specific facts. For example, two practitioners who share office space and occasionally consult or assist each other ordinarily would not be regarded as constituting a firm. However, if they present themselves to the public in a way that suggests that they are a firm or conduct themselves as a firm, they should be regarded as a firm for purposes of the rules. A group of lawyers could be regarded as a firm for purposes of the rule that the same lawyer should not represent opposing parties in litigation, while it might not be so regarded for purposes of the rule that information acquired by one lawyer is attributed to another. The terms of any formal agreement between associated lawyers are relevant in determining whether they are a firm, as is the fact that they have mutual access to information concerning the clients they serve. Furthermore, it is relevant in doubtful cases to consider the underlying purpose of the rule that is involved. [3] With respect to the law department of an organization, including the government, there is ordinarily no question that the members of the department constitute a firm within the meaning of the Georgia Rules of Professional Conduct. There can be uncertainty, however, as to the identity of the client. For example, it may not be clear whether the law department of a corporation represents a subsidiary or an affiliated corporation, as well as the corporation by which the members of the department are directly employed. A similar question can arise concerning an unincorporated association and its local affiliates. [4] Similar questions can also arise with respect to lawyers in legal aid and legal services organizations. Depending upon the structure of the organization, the entire organization or different components of it may constitute a firm or firms for purposes of these rules. Fraud [5] When used in these rules, the terms "fraud "or "fraudulent "refers to conduct that is characterized as such under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive. This does not include merely negligent misrepresentation or negligent failure to apprise another of relevant information. For purposes of these rules, it is not necessary that anyone has suffered damages or relied on the misrepresentation or failure to inform. Informed Consent [6] Many of the Georgia Rules of Professional Conduct require the lawyer to obtain the informed consent of a client or other person (e.g., a former client or, under certain circumstances, a prospective client) before accepting or continuing representation or pursuing a course of conduct. See, e.g., Rules 1.2 (c), 1.6 (a) and 1.7 (b). The communication necessary to obtain such consent will vary according to the rule involved and the circumstances giving rise to the need to obtain informed consent. The lawyer must make reasonable efforts to ensure that the client or other person possesses information reasonably adequate to make an informed decision. Ordinarily, this will require communication that includes a disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to inform the client or other person of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client's or other person's options and alternatives. In some circumstances it may be appropriate for a lawyer to advise a client or other person to seek the advice of other counsel. A lawyer need not inform a client or other person of facts or implications already known to the client or other person; nevertheless, a lawyer who does not personally inform the client or other person assumes the risk that the client or other person is inadequately informed and the consent is invalid. In determining whether the information and explanation provided are reasonably adequate, relevant factors include whether the client or other person is experienced in legal matters generally and in making decisions of the type involved, and whether the client or other person is independently represented by other counsel in giving the consent. Normally, such persons need less information and explanation than others, and generally a client or other person who is independently represented by other counsel in giving the consent should be assumed to have given informed consent. [7] Obtaining informed consent will usually require an affirmative response by the client or other person. In general, a lawyer may not assume consent from a client's or other person's silence. Consent may be inferred, however, from the conduct of a client or other person who has reasonably adequate information about the matter. A number of Rules require that a person's consent be confirmed in writing. See Rules 1.7 (b) and 1.9 (a). For a definition of "writing" and "confirmed in writing," see paragraphs (gg) and (d). Other Rules require that a client's consent be obtained in a writing signed by the client. See, e.g., Rules 1.8 (a) (3) and (g). For a definition of "signed," see paragraph (s). Screened [8] This definition applies to situations where screening of a personally disqualified lawyer is permitted to remove imputation of a conflict of interest under Rules 1.11 and 1.12. [9] The purpose of screening is to assure the affected parties that confidential information known by the personally disqualified lawyer remains protected. The personally disqualified lawyer should acknowledge the obligation not to communicate with any of the other lawyers in the firm with respect to the matter. Similarly, other lawyers in the firm who are working on the matter should be informed that the screening is in place and that they may not communicate with the personally disqualified lawyer with respect to the matter. Additional screening measures that are appropriate for the particular matter will depend on the circumstances. To implement, reinforce and remind all affected lawyers of the presence of the screening, it may be appropriate for the firm to undertake such procedures as a written undertaking by the screened lawyer to avoid any communication with other firm personnel and any contact with any firm files or other materials relating to the matter, written notice and instructions to all other firm personnel forbidding any communication with the screened lawyer relating to the matter, denial of access by the screened lawyer to firm files or other materials relating to the matter and periodic reminders of the screen to the screened lawyer and all other firm personnel. [10] In order to be effective, screening measures must be implemented as soon as practical after a lawyer or law firm knows or reasonably should know that there is a need for screening. Writing [11] The purpose of this definition is to permit a lawyer to use developing technologies that maintain an objective record of a communication that does not rely upon the memory of the lawyer or any other person. See OCGA § 10-12-2(8). --- CITATION: Ga. R. Prof. Cond. 1.1 TITLE: Competence CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.1/ TEXT: Ga. R. Prof. Cond. 1.1. Competence A lawyer shall provide competent representation to a client. Competent representation as used in this rule means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer's level of competence without associating another lawyer who the original lawyer reasonably believes to be competent to handle the matter in question. Competence requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. The maximum penalty for a violation of this rule is disbarment. Comment Legal Knowledge and Skill [1A] The purpose of these rules is not to give rise to a cause of action nor to create a presumption that a legal duty has been breached. These rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. [1B] In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances. [2] A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question. [3] In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest. [4] A lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation. This applies as well to a lawyer who is appointed as counsel for an unrepresented person subject to Rule 6.2: Accepting Appointments. Thoroughness and Preparation [5] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence. Maintaining Competence [6] To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education. --- CITATION: Ga. R. Prof. Cond. 1.2 TITLE: Scope of Representation and Allocation of Authority Between Client and Lawyer CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.2/ TEXT: Ga. R. Prof. Cond. 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the scope and objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities. A lawyer may limit the scope and objectives of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. A lawyer shall not either knowingly or with willful blindness counsel a client to engage in criminal or fraudulent conduct, nor knowingly or with willful blindness assist a client in such conduct. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. The maximum penalty for a violation of this rule is disbarment. Comment Allocation of Authority between Client and Lawyer [1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer's professional obligations. The decisions specified in paragraph (a), such as whether to settle a civil matter, must also be made by the client. See Rule 1.4 (a) (1) for the lawyer's duty to communicate with the client about such decisions. With respect to the means by which the client's objectives are to be pursued, the lawyer shall consult with the client as required by Rule 1.4 (a) (2) and may take such action as is impliedly authorized to carry out the representation. [2] On occasion, however, a lawyer and a client may disagree about the means to be used to accomplish the client's objectives. Clients normally defer to the special knowledge and skill of their lawyer with respect to the means to be used to accomplish their objectives, particularly with respect to technical, legal and tactical matters. Conversely, lawyers usually defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. Because of the varied nature of the matters about which a lawyer and client might disagree and because the actions in question may implicate the interests of a tribunal or other persons, this rule does not prescribe how such disagreements are to be resolved. Other law, however, may be applicable and should be consulted by the lawyer. The lawyer should also consult with the client and seek a mutually acceptable resolution of the disagreement. If such efforts are unavailing and the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the representation. See Rule 1.16 (b) (4). Conversely, the client may resolve the disagreement by discharging the lawyer. See Rule 1.16 (a) (3). [3] At the outset of a representation, the client may authorize the lawyer to take specific action on the client's behalf without further consultation. Absent a material change in circumstances and subject to Rule 1.4, a lawyer may rely on such an advance authorization. The client may, however, revoke such authority at any time. [4] In a case in which the client appears to be suffering from diminished capacity, the lawyer's duty to abide by the client's decisions is to be guided by reference to Rule 1.14. Independence from Client's Views or Activities [5] Legal representation should not be denied to people who are unable to afford legal services, or whose cause is controversial or the subject of popular disapproval. By the same token, representing a client does not constitute approval of the client's views or activities. Agreements Limiting Scope of Representation [6] The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer's services are made available to the client. When a lawyer has been retained by an insurer to represent an insured, for example, the representation may be limited to matters related to the insurance coverage. A limited representation may be appropriate because the client has limited objectives for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client's objectives. Such limitations may exclude actions that the client thinks are too costly or that the lawyer regards as repugnant or imprudent. [7] Although this rule affords the lawyer and the client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client's objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer's services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. See Rule 1.1. [8] All agreements concerning a lawyer's representation of a client must accord with the Georgia Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8 and 5.6. Criminal, Fraudulent and Prohibited Transactions [9] Paragraph (d) prohibits a lawyer from knowingly counseling or assisting a client to commit a crime or fraud. This prohibition, however, does not preclude the lawyer from giving an honest opinion about the actual consequences that appear likely to result from a client's conduct. Nor does the fact that a client uses advice in a course of action that is criminal or fraudulent of itself make a lawyer a party to the course of action. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity. [10] When the client's course of action has already begun and is continuing, the lawyer's responsibility is especially delicate. The lawyer is required to avoid assisting the client, for example, by drafting or delivering documents that the lawyer knows are fraudulent or by suggesting how the wrongdoing might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposed was legally proper but then discovers is criminal or fraudulent. The lawyer must, therefore, withdraw from the representation of the client in the matter. See Rule 1.16 (a). In some cases, withdrawal alone might be insufficient. It may be necessary for the lawyer to give notice of the fact of withdrawal and to disaffirm any opinion, document, affirmation or the like. See Rule 4.1. [11] Where the client is a fiduciary, the lawyer may be charged with special obligations in dealings with a beneficiary. [12] Paragraph (d) applies whether or not the defrauded party is a party to the transaction. Hence, a lawyer must not participate in a transaction to effectuate criminal or fraudulent avoidance of tax liability. Paragraph (d) does not preclude undertaking a criminal defense incident to a general retainer for legal services to a lawful enterprise. The last clause of paragraph (d) recognizes that determining the validity or interpretation of a statute or regulation may require a course of action involving disobedience of the statute or regulation or of the interpretation placed upon it by governmental authorities. [13] If a lawyer comes to know or reasonably should know that a client expects assistance not permitted by the Georgia Rules of Professional Conduct or other law or if the lawyer intends to act contrary to the client's instructions, the lawyer must consult with the client regarding the limitations on the lawyer's conduct. See Rule 1.4 (a) (5). --- CITATION: Ga. R. Prof. Cond. 1.3 TITLE: Diligence CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.3/ TEXT: Ga. R. Prof. Cond. 1.3. Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable diligence as used in this rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer. The maximum penalty for a violation of this rule is disbarment. Comment [1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and may take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. However, a lawyer is not bound to press for every advantage that might be realized for a client. A lawyer has professional discretion in determining the means by which a matter should be pursued. See Rule 1.2. The lawyers duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect. [2] A lawyer's work load should be controlled so that each matter can be handled competently. [3] Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer's trustworthiness. A lawyer's duty to act with reasonable competence, however, does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client. [4] Unless the relationship is terminated as provided in Rule 1.16, a lawyer should carry through to conclusion all matters undertaken for a client. If a lawyer's employment is limited to a specific matter, the relationship terminates when the matter has been resolved. If a lawyer has served a client over a substantial period in a variety of matters, the client sometimes may assume that the lawyer will serve on a continuing basis. Doubt about whether a client-lawyer relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client's affairs when the lawyer has ceased to do so. For example, if a lawyer has handled a judicial or administrative proceeding that produced a result adverse to the client but has not been specifically instructed concerning pursuit of an appeal, the lawyer should advise the client of the possibility of appeal before relinquishing responsibility for the matter. --- CITATION: Ga. R. Prof. Cond. 1.4 TITLE: Communication CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.4/ TEXT: Ga. R. Prof. Cond. 1.4. Communication A lawyer shall: promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0 (n), is required by these rules; reasonably consult with the client about the means by which the client's objectives are to be accomplished; keep the client reasonably informed about the status of the matter; promptly comply with reasonable requests for information; and consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Georgia Rules of Professional Conduct or other law. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] Reasonable communication between the lawyer and the client is necessary for the client effectively to participate in the representation. Communicating with Client [2] If these rules require that a particular decision about the representation be made by the client, paragraph (a) (1) requires that the lawyer promptly consult with and secure the client's informed consent prior to taking action unless prior discussions with the client have resolved what action the client wants the lawyer to take. For example, a lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. See Rule 1.2 (a). [3] Paragraph (a) (2) requires the lawyer to reasonably consult with the client about the means to be used to accomplish the client's objectives. In some situations - depending on both the importance of the action under consideration and the feasibility of consulting with the client - this duty will require consultation prior to taking action. In other circumstances, such as during a trial when an immediate decision must be made, the exigency of the situation may require the lawyer to act without prior consultation. In such cases the lawyer must nonetheless act reasonably to inform the client of actions the lawyer has taken on the client's behalf. Additionally, paragraph (a) (3) requires that the lawyer keep the client reasonably informed about the status of the matter, such as significant developments affecting the timing or the substance of the representation. [4] A lawyer's regular communication with clients will minimize the occasions on which a client will need to request information concerning the representation. When a client makes a reasonable request for information, however, paragraph (a) (4) requires prompt compliance with the request, or if a prompt response is not feasible, that the lawyer, or a member of the lawyer's staff, acknowledge receipt of the request and advise the client when a response may be expected. A lawyer should promptly respond to or acknowledge client communications. The timeliness of a lawyer's communication must be judged by all the controlling factors. "Prompt "communication with the client does not equate to "instant "communication with the client and is sufficient if reasonable under the relevant circumstances. Explaining Matters [5] The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued, to the extent the client is willing and able to do so. Adequacy of communication depends in part on the kind of advice or assistance that is involved. For example, where there is time to explain a proposal made in a negotiation, the lawyer should review all important provisions with the client before proceeding to an agreement. In litigation a lawyer should explain the general strategy and prospects of success and ordinarily should consult the client on tactics that are likely to result in significant expense or to injure or coerce others. On the other hand, a lawyer ordinarily will not be expected to describe trial or negotiation strategy in detail. The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and the client's overall requirements as to the character of representation. In certain circumstances, such as when a lawyer asks a client to consent to a representation affected by a conflict of interest, the client must give informed consent, as defined in Rule 1.0 (n). [6] Ordinarily, the information to be provided is that appropriate for a client who is a comprehending and responsible adult. However, fully informing the client according to this standard may be impracticable, for example, where the client is a child or suffers from diminished capacity. See Rule 1.14. When the client is an organization or group, it is often impossible or inappropriate to inform every one of its members about its legal affairs; ordinarily, the lawyer should address communications to the appropriate officials of the organization. See Rule 1.13. Where many routine matters are involved, a system of limited or occasional reporting may be arranged with the client. Withholding Information [7] In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interest or convenience or the interests or convenience of another person. Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client. --- CITATION: Ga. R. Prof. Cond. 1.5 TITLE: Fees CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.5/ TEXT: Ga. R. Prof. Cond. 1.5. Fees A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following: the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer; the fee customarily charged in the locality for similar legal services; the amount involved and the results obtained; the time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; the experience, reputation, and ability of the lawyer or lawyers performing the services; and whether the fee is fixed or contingent. The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. To the extent that agreements to arbitrate disputes over fees or expenses are enforceable, a lawyer may enter into such an agreement with a client or prospective client if the client or prospective client gives informed consent in writing signed by the client or prospective client. The agreement to arbitrate and the attorney's disclosures regarding arbitration must be set out in a separate paragraph, written in a font size at least as large as the rest of the contract, and separately initialed by the client and the lawyer. A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the following: the outcome of the matter; and, if there is a recovery showing: the remittance to the client; the method of its determination; the amount of the attorney fee; and if the attorney's fee is divided with another lawyer who is not a partner in or an associate of the lawyer's firm or law office, the amount of fee received by each and the manner in which the division is determined. A lawyer shall not enter into an arrangement for, charge, or collect: any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or a contingent fee for representing a defendant in a criminal case. A division of a fee between lawyers who are not in the same firm may be made only if: the division is in proportion to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; the client is advised of the share that each lawyer is to receive and does not object to the participation of all the lawyers involved; and the total fee is reasonable. The maximum penalty for a violation of this rule is a public reprimand. Comment Reasonableness of Fee and Expenses [1] Paragraph (a) requires that lawyers charge fees that are reasonable under the circumstances. The factors specified in (1) through (8) are not exclusive. Nor will each factor be relevant in each instance. Paragraph (a) also requires that expenses for which the client will be charged must be reasonable. A lawyer may seek reimbursement for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by the lawyer. [1A] A fee can also be unreasonable if it is illegal. Examples of illegal fees are those taken without required court approval, those that exceed the amount allowed by court order or statute, or those where acceptance of the fee would be unlawful, e.g., accepting controlled substances or sexual favors as payment. Basis or Rate of Fee [2] When the lawyer has regularly represented a client, they ordinarily will have evolved an understanding concerning the basis or rate of the fee. In a new client-lawyer relationship, however, an understanding as to the fee should be promptly established. It is not necessary to recite all the factors that underlie the basis of the fee, but only those that are directly involved in its computation. It is sufficient, for example, to state that the basic rate is an hourly charge or a fixed amount or an estimated amount, or to identify the factors that may be taken into account in finally fixing the fee. When developments occur during the representation that render an earlier estimate substantially inaccurate, a revised estimate should be provided to the client. A written statement concerning the fee reduces the possibility of misunderstanding. Furnishing the client with a simple memorandum or a copy of the lawyer's customary fee schedule is sufficient if the basis or rate of the fee is set forth. [3] Contingent fees, like any other fees, are subject to the reasonableness standard of paragraph (a) of this rule. In determining whether a particular contingent fee is reasonable, or whether it is reasonable to charge any form of contingent fee, a lawyer must consider the factors that are relevant under the circumstances. Terms of Payment [4] A lawyer may require advance payment of a fee, but is obliged to return any unearned portion. See Rule 1.16 (d). A lawyer may accept property in payment for services, such as an ownership interest in an enterprise, providing this does not involve acquisition of a proprietary interest in the cause of action or subject matter of the litigation contrary to Rule 1.8 (j). However, a fee paid in property instead of money may be subject to the requirements of Rule 1.8 (a) because such fees often have the essential qualities of a business transaction with the client. [5] An agreement may not be made, the terms of which might induce the lawyer improperly to curtail services for the client or perform them in a way contrary to the client's interest. For example, a lawyer should not enter into an agreement whereby services are to be provided only up to a stated amount when it is foreseeable that more extensive services probably will be required, unless the situation is adequately explained to the client. Otherwise, the client might have to bargain for further assistance in the midst of a proceeding or transaction. However, it is proper to define the extent of services in light of the client's ability to pay. A lawyer should not exploit a fee arrangement based primarily on hourly charges by using wasteful procedures. [5A] Paragraph (b) requires informed consent to an agreement to arbitrate disputes over fees and expenses. See Rule 1.0 (n). In obtaining such informed consent, the lawyer should reveal to the client or prospective client the following: (1) in an arbitration, the client or prospective client waives the right to a jury trial because the dispute will be resolved by an individual arbitrator or a panel of arbitrators; (2) generally, there is no right to an appeal from an arbitration decision; (3) arbitration may not permit the broad discovery that would be available in civil litigation; (4) how the costs of arbitration compared to the costs of litigation in a public court, including the requirement that the arbitrator or arbitrators be compensated; and (5) who will bear the cost of arbitration. The lawyer should also inform the client or prospective client regarding the existence and operation of the State Bar of Georgia's Fee Arbitration Program, regardless of whether the attorney seeks agreement to submit any future fee disputes to that program. The lawyer should also inform the client or prospective client that an agreement to arbitrate a dispute over fees and expenses is not a waiver of the right to make a disciplinary complaint regarding the lawyer. Prohibited Contingent Fees [6] Paragraph (d) prohibits a lawyer from charging a contingent fee in a domestic relations matter when payment is contingent upon the securing of a divorce or upon the amount of alimony or support or property settlement to be obtained. This provision does not preclude a contract for a contingent fee for legal representation in connection with the recovery of post-judgment balances due under support, alimony or other financial orders because such contracts do not implicate the same policy concerns. See Formal Advisory Opinions 36 and 47. Division of Fee [7] A division of fee is a single billing to a client covering the fee of two or more lawyers who are not in the same firm. A division of fee facilitates association of more than one lawyer in a matter in which neither alone could serve the client as well. Joint responsibility for the representation entails financial and ethical responsibility for the representation. [8] Paragraph (e) does not prohibit or regulate division of fees to be received in the future for work done when lawyers were previously associated in a law firm. Disputes over Fees [9] If a procedure has been established for resolution of fee disputes, such as an arbitration or mediation procedure established by the State Bar of Georgia, the lawyer should conscientiously consider submitting to it. Law may prescribe a procedure for determining a lawyer's fee, for example, in representation of an executor or administrator, a class or a person entitled to a reasonable fee as part of the measure of damages. The lawyer entitled to such a fee and a lawyer representing another party concerned with the fee should comply with the prescribed procedure. --- CITATION: Ga. R. Prof. Cond. 1.6 TITLE: Confidentiality of Information CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.6/ TEXT: Ga. R. Prof. Cond. 1.6. Confidentiality of Information A lawyer shall maintain in confidence all information gained in the professional relationship with a client, including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client, unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, or are required by these rules or other law, or by order of the court. A lawyer may reveal information covered by paragraph (a) which the lawyer reasonably believes necessary: to avoid or prevent harm or substantial financial loss to another as a result of client criminal conduct or third party criminal conduct clearly in violation of the law; to prevent serious injury or death not otherwise covered by subparagraph (i) above; to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; to secure legal advice about the lawyer's compliance with these rules. to detect and resolve conflicts of interest arising from the lawyer's change of employment or changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client. In a situation described in paragraph (b) (1), if the client has acted at the time the lawyer learns of the threat of harm or loss to a victim, use or disclosure is permissible only if the harm or loss has not yet occurred. Before using or disclosing information pursuant to paragraph (b) (1) (i) or (ii), if feasible, the lawyer must make a good faith effort to persuade the client either not to act or, if the client has already acted, to warn the victim. The duty of confidentiality shall continue after the client-lawyer relationship has terminated. The maximum penalty for a violation of this rule is disbarment. Comment [1] The lawyer is part of a judicial system charged with upholding the law. One of the lawyer's functions is to advise clients so that they avoid any violation of the law in the proper exercise of their rights. See Rule 1.18. [2] The observance of the ethical obligation of a lawyer to hold inviolate confidential information of the client not only facilitates the full development of facts essential to proper representation of the client but also encourages people to seek early legal assistance. [3] Almost without exception, clients come to lawyers in order to determine what their rights are and what is, in the maze of laws and regulations, deemed to be legal and correct. The common law recognizes that the client's confidences must be protected from disclosure. Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld. [4] A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. [4A] RESERVED [5] The principle of confidentiality is given effect in two related bodies of law, the attorney-client privilege (which includes the work product doctrine) in the law of evidence and the rule of confidentiality established in professional ethics. The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. Rule 1.6 applies not merely to matters communicated in confidence by the client but also to all information gained in the professional relationship, whatever its source. A lawyer may not disclose such information except as authorized or required by the Georgia Rules of Professional Conduct or other law. See also Scope. The requirement of maintaining confidentiality of information gained in the professional relationship applies to government lawyers who may disagree with the client's policy goals. Authorized Disclosure [6] A lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation, except to the extent that the client's instructions or special circumstances limit that authority. In litigation, for example, a lawyer may disclose information by admitting a fact that cannot properly be disputed, or in negotiation by making a disclosure that facilitates a satisfactory conclusion. [7] Lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specified lawyers. [7A] A lawyer's confidentiality obligations do not preclude a lawyer from securing confidential legal advice about the lawyer's personal responsibility to comply with these rules. In most situations, disclosing information to secure such advice will be impliedly authorized for the lawyer to carry out the representation. Even when the disclosure is not impliedly authorized paragraph (b) (1) (iv) permits such disclosure because of the importance of a lawyer's compliance with the Georgia Rules of Professional Conduct. Disclosure Adverse to Client [8] The confidentiality rule is subject to limited exceptions. In becoming privy to information about a client, a lawyer may foresee that the client intends serious harm to another person. The public is better protected if full and open communication by the client is encouraged than if it is inhibited. [9] Several situations must be distinguished. First, the lawyer may not knowingly assist a client in conduct that is criminal or fraudulent. See Rule 1.2 (d). Similarly, a lawyer has a duty under Rule 3.3 (a) (4) not to use false evidence. [10] Second, the lawyer may have been innocently involved in past conduct by the client that was criminal or fraudulent. In such a situation the lawyer has not violated Rule 1.2 (d), because to "knowingly assist "criminal or fraudulent conduct requires knowing that the conduct is of that character. [11] Third, the lawyer may learn that a client intends prospective conduct that is criminal and likely to result in death or substantial bodily harm. As stated in paragraph (b) (1), the lawyer has professional discretion to reveal information in order to prevent such consequences. The lawyer may make a disclosure in order to prevent death or serious bodily injury which the lawyer reasonably believes will occur. It is very difficult for a lawyer to "know "when such a heinous purpose will actually be carried out, for the client may have a change of mind. [12] The lawyer's exercise of discretion requires consideration of such factors as the nature of the lawyer's relationship with the client and with those who might be injured by the client, the lawyer's own involvement in the transaction and factors that may extenuate the conduct in question. Where practical, the lawyer should seek to persuade the client to take suitable action. In any case, a disclosure adverse to the client's interest should be no greater than the lawyer reasonably believes necessary to the purpose. A lawyer's decision not to take preventive action permitted by paragraph (b) (1) does not violate this rule. Withdrawal [13] If the lawyer's services will be used by the client in materially furthering a course of criminal or fraudulent conduct, the lawyer must withdraw, as stated in Rule 1.16 (a) (1). [14] After withdrawal the lawyer is required to refrain from making disclosure of the client's confidences, except as otherwise provided in Rule 1.6. Neither this rule nor Rule 1.8 (b) nor Rule 1.16 (d) prevents the lawyer from giving notice of the fact of withdrawal, and the lawyer may also withdraw or disaffirm any opinion, document, affirmation, or the like. [15] Where the client is an organization, the lawyer may be in doubt whether contemplated conduct will actually be carried out by the organization. Where necessary to guide conduct in connection with this rule, the lawyer may make inquiry within the organization as indicated in Rule 1.13 (b). Dispute Concerning a Lawyer's Conduct [16] Where a legal claim or disciplinary charge alleges complicity of the lawyer in a client's conduct or other misconduct of the lawyer involving representation of the client, the lawyer may respond to the extent the lawyer reasonably believes necessary to establish a defense. The same is true with respect to a claim involving the conduct or representation of a former client. The lawyer's right to respond arises when an assertion of such complicity has been made. Paragraph (b) (1) (iii) does not require the lawyer to await the commencement of an action or proceeding that charges such complicity, so that the defense may be established by responding directly to a third party who has made such an assertion. The right to defend, of course, applies where a proceeding has been commenced. Where practicable and not prejudicial to the lawyer's ability to establish the defense, the lawyer should advise the client of the third party's assertion and request that the client respond appropriately. In any event, disclosure should be no greater than the lawyer reasonably believes is necessary to vindicate innocence, the disclosure should be made in a manner which limits access to the information to the tribunal or other persons having a need to know it, and appropriate protective orders or other arrangements should be sought by the lawyer to the fullest extent practicable. [17] If the lawyer is charged with wrongdoing in which the client's conduct is implicated, the rule of confidentiality should not prevent the lawyer from defending against the charge. Such a charge can arise in a civil, criminal or professional disciplinary proceeding, and can be based on a wrong allegedly committed by the lawyer against the client, or on a wrong alleged by a third person; for example, a person claiming to have been defrauded by the lawyer and client acting together. A lawyer entitled to a fee is permitted by paragraph (b) (1) (iii) to prove the services rendered in an action to collect it. This aspect of the rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary. As stated above, the lawyer must make every effort practicable to avoid unnecessary disclosure of information relating to a representation, to limit disclosure to those having the need to know it, and to obtain protective orders or make other arrangements minimizing the risk of disclosure. Detection of Conflicts of Interest [18] Paragraph (b) (1) (v) recognizes that lawyers in different firms may need to disclose limited information to each other to detect and resolve conflicts of interest, such as when a lawyer is considering an association with another firm, two or more firms are considering a merger, or a lawyer is considering the purchase of a law practice. See Rule 1.17, Comment [6]. Under these circumstances, lawyers and law firms are permitted to disclose limited information, but only once substantive discussions regarding the new relationship have occurred. Any such disclosure should ordinarily include no more than the identity of the persons and entities involved in a matter, a brief summary of the general issues involved, and information about whether the matter has terminated. Even this limited information, however, should be disclosed only to the extent reasonably necessary to detect and resolve conflicts of interests that might arise from the possible new relationship. Moreover, the disclosure of any information is prohibited if it would compromise the attorney-client privilege or otherwise prejudice the client (e.g., the fact that a corporate client is seeking advice on a corporate takeover that has not been publicly announced; that a person has consulted a lawyer about the possibility of divorce before the person’s intentions are known to the person’s spouse; or that a person has consulted a lawyer about a criminal investigation that has not led to a public charge). Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. A lawyer’s fiduciary duty to the lawyer’s firm may also govern a lawyer’s conduct when exploring an association with another firm and is beyond the scope of these rules. [19] Any information disclosed pursuant to paragraph (b) (1) (v) may be used or further disclosed only to the extent necessary to detect and resolve conflicts of interest. Paragraph (b) (1) (v) does not restrict the use of information acquired by means independent of any disclosure pursuant to paragraph (b) (1) (v). Paragraph (b) (1) (v) also does not affect the disclosure of information within a law firm when the disclosure is otherwise authorized, see Comment [7], such as when a lawyer in a firm discloses information to another lawyer in the same firm to detect and resolve conflicts of interest that could arise in connection with undertaking a new representation. Disclosures Otherwise Required or Authorized [20] The attorney-client privilege is differently defined in various jurisdictions. If a lawyer is called as a witness to give testimony concerning a client, absent waiver by the client, paragraph (a) requires the lawyer to invoke the privilege when it is applicable. The lawyer must comply with the final orders of a court or other tribunal of competent jurisdiction requiring the lawyer to give information about the client. [21] The Georgia Rules of Professional Conduct in various circumstances permit or require a lawyer to disclose information relating to the representation. See Rules 2.2, 2.3, 3.3 and 4.1. In addition to these provisions, a lawyer may be obligated or permitted by other provisions of law to give information about a client. Whether another provision of law supersedes Rule 1.6 is a matter of interpretation beyond the scope of these rules, but a presumption should exist against such a supersession. [22] Paragraph (b) permits disclosure only to the extent the lawyer reasonably believes the disclosure is necessary to accomplish one of the purposes specified. Where practicable, the lawyer should first seek to persuade the client to take suitable action to obviate the need for disclosure. In any case, a disclosure adverse to the client’s interest should be no greater than the lawyer reasonably believes necessary to accomplish the purpose. If the disclosure will be made in connection with a judicial proceeding, the disclosure should be made in a manner that limits access to the information to the tribunal or other persons having a need to know it and appropriate protective orders or other arrangements should be sought by the lawyer to the fullest extent practicable. [23] Paragraph (b) permits but does not require the disclosure of information relating to a client’s representation to accomplish the purposes specified. In exercising the discretion conferred by this rule, the lawyer may consider such factors as the nature of the lawyer’s relationship with the client and with those who might be injured by the client, the lawyer’s own involvement in the transaction and factors that may extenuate the conduct in question. A lawyer’s decision not to disclose as permitted by paragraph (b) does not violate this rule. Disclosure may be required, however, by other rules. Some rules require disclosure only if such disclosure would be permitted by paragraph (b). See Rules 1.2 (d), 4.1 (b), and 8.1. Rule 3.3, on the other hand, requires disclosure in some circumstances regardless of whether such disclosure is permitted by this rule. See Rule 3.3 (b). Acting Competently to Preserve Confidentiality [24] A lawyer should make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information covered by this Rule. A lawyer should make reasonable efforts to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer’s supervision. See Rules 1.1, 5.1 and 5.3. Factors to be considered in determining the reasonableness of the lawyer’s efforts include, but are not limited to, the sensitivity of the information, the likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards, the difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer’s ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use). Whether a lawyer may be required to take additional steps to safeguard a client’s information in order to comply with other law, such as state and federal laws that govern data privacy or that impose notification requirements upon the loss of, or unauthorized access to, electronic information, is beyond the scope of these rules. [25] When transmitting a communication that includes information relating to the representation of a client, the lawyer should take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. Whether a lawyer may be required to take additional steps in order to comply with other laws, such as state and federal laws that govern data privacy, is beyond the scope of these rules. --- CITATION: Ga. R. Prof. Cond. 1.7 TITLE: Conflict of Interest: General Rule CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.7/ TEXT: Ga. R. Prof. Cond. 1.7. Conflict of Interest: General Rule A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer's own interests or the lawyer's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client, except as permitted in (b). If client informed consent is permissible a lawyer may represent a client notwithstanding a significant risk of material and adverse effect if each affected client or former client gives informed consent, confirmed in writing, to the representation after: consultation with the lawyer, pursuant to Rule 1.0 (e); having received in writing reasonable and adequate information about the material risks of and reasonable available alternatives to the representation, and having been given the opportunity to consult with independent counsel. Client informed consent is not permissible if the representation: is prohibited by law or these rules; includes the assertion of a claim by one client against another client represented by the lawyer in the same or substantially related proceeding; or involves circumstances rendering it reasonably unlikely that the lawyer will be able to provide adequate representation to one or more of the affected clients. Though otherwise subject to the provisions of this rule, a part-time prosecutor who engages in the private practice of law may represent a private client adverse to the state or other political subdivision that the lawyer represents as a part-time prosecutor, except with regard to matters for which the part-time prosecutor had or has prosecutorial authority or responsibility. The maximum penalty for a violation of this rule is disbarment. Comment Loyalty to a Client [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. If an impermissible conflict of interest exists before representation is undertaken the representation should be declined. The lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the parties and issues involved and to determine whether there are actual or potential conflicts of interest. [2] Loyalty to a client is impaired when a lawyer cannot consider, recommend or carry out an appropriate course of action for the client because of the lawyer's other competing responsibilities or interests. The conflict in effect forecloses alternatives that would otherwise be available to the client. Paragraph (a) addresses such situations. A possible conflict does not itself preclude the representation. The critical questions are the likelihood that a conflict will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client. Consideration should be given to whether the client wishes to accommodate the other interest involved. [3] If an impermissible conflict arises after representation has been undertaken, the lawyer should withdraw from the representation. See Rule 1.16. Where more than one client is involved and the lawyer withdraws because a conflict arises after representation, whether the lawyer may continue to represent any of the clients is determined by Rule 1.9. As to whether a client-lawyer relationship exists or, having once been established, is continuing, see Comment 4 to Rule 1.3 and Scope. [4] As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client without that client's informed consent. Thus, a lawyer ordinarily may not act as advocate against a person the lawyer represents in some other matter, even if it is wholly unrelated. Paragraph (d) states an exception to that general rule. A part-time prosecutor does not automatically have a conflict of interest in representing a private client who is adverse to the state or other political subdivision (such as a city or county) that the lawyer represents as a part-time prosecutor, although it is possible that in a particular case, the part-time prosecutor could have a conflict of interest under paragraph (a). Simultaneous representation in unrelated matters of clients whose interests are only generally adverse, such as competing economic enterprises, does not require informed consent of the respective clients. Consultation and Informed Consent [5] A client may give informed consent to representation notwithstanding a conflict. However, when a disinterested lawyer would conclude that the client should not agree to the representation under the circumstances, the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client's informed consent. When more than one client is involved, the question of conflict must be resolved as to each client. Moreover, there may be circumstances where it is impossible to make the disclosure necessary to obtain informed consent. For example, when the lawyer represents different clients in related matters and one of the clients refuses to give informed consent to the disclosure necessary to permit the other client to make an informed decision, the lawyer cannot properly ask the latter to give informed consent. If informed consent is withdrawn, the lawyer should consult Rule 1.9 and Rule 1.16. [5A] Paragraph (b) requires the lawyer to obtain the informed consent of the client, confirmed in writing. Such a writing may consist of a document executed by the client or one that the lawyer promptly records and transmits to the client following an oral consent. See Rule 1.0 (d). See also Rule 1.0 (gg) (writing includes electronic transmission). If it is not feasible to obtain or transmit the writing at the time the client gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. See Rule 1.0 (d). The requirement of a writing does not supplant the need in most cases for the lawyer to talk with the client, to explain the risks and advantages, if any, of representation burdened with a conflict of interest, as well as reasonably available alternatives, and to afford the client a reasonable opportunity to consider the risks and alternatives and to raise questions and concerns. Rather, the writing is required in order to impress upon clients the seriousness of the decision the client is being asked to make and to avoid disputes or ambiguities that might later occur in the absence of a writing. Lawyer's Interests [6] The lawyer's personal or economic interests should not be permitted to have an adverse effect on representation of a client. See Rules 1.1 and 1.5. If the propriety of a lawyer's own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client objective advice. A lawyer may not allow related business interests to affect representation, for example, by referring clients to an enterprise in which the lawyer has an undisclosed interest. Conflicts in Litigation [7] Paragraph (c) (2) prohibits representation of opposing parties in the same or a similar proceeding including simultaneous representation of parties whose interests may conflict, such as co-plaintiffs or co-defendants. An impermissible conflict may exist by reason of substantial discrepancy in the parties' testimony, incompatibility in positions in relation to an opposing party or the fact that there are substantially different possibilities of settlement of the claims or liabilities in question. Such conflicts can arise in criminal cases as well as civil. The potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one codefendant. On the other hand, common representation of persons having similar interests is proper if the risk of adverse effect is minimal, the requirements of paragraph (b) are met, and consent is not prohibited by paragraph (c). [8] Ordinarily, a lawyer may not act as advocate against a client the lawyer represents in some other matter, even if the other matter is wholly unrelated. However, there are circumstances in which a lawyer may act as advocate against a client. For example, a lawyer representing an enterprise with diverse operations may accept employment as an advocate against the enterprise in an unrelated matter if doing so will not adversely affect the lawyer's relationship with the enterprise or conduct of the suit and if both clients give informed consent as required by paragraph (b). By the same token, government lawyers in some circumstances may represent government employees in proceedings in which a government entity is the opposing party. The propriety of concurrent representation can depend on the nature of the litigation. For example, a suit charging fraud entails conflict to a degree not involved in a suit for a declaratory judgment concerning statutory interpretation. [9] A lawyer may represent parties having antagonistic positions on a legal question that has arisen in different cases, unless representation of either client would be adversely affected. Thus, it is ordinarily not improper to assert such positions in cases while they are pending in different trial courts, but it may be improper to do so should one or more of the cases reach the appellate court. Interest of Person Paying for a Lawyer's Service [10] A lawyer may be paid from a source other than the client, if the client is informed of that fact and gives informed consent and the arrangement does not compromise the lawyer's duty of loyalty to the client. See Rule 1.8 (f). For example, when an insurer and its insured have conflicting interests in a matter arising from a liability insurance agreement, and the insurer is required to provide special counsel for the insured, the arrangement should assure the special counsel's professional independence. So also, when a corporation and its directors or employees are involved in a controversy in which they have conflicting interests, the corporation may provide funds for separate legal representation of the directors or employees, if the clients give informed consent and the arrangement ensures the lawyer's professional independence. Non-litigation Conflicts [11] Conflicts of interest in contexts other than litigation sometimes may be difficult to assess. Relevant factors in determining whether there is potential for material and adverse effect include the duration and extent of the lawyer's relationship with the client or clients involved, the functions being performed by the lawyer, the likelihood that actual conflict will arise and the likely prejudice to the client from the conflict if it does arise. [12] In a negotiation common representation is permissible where the clients are generally aligned in interest even though there is some difference of interest among them. [13] Conflict questions may also arise in estate planning and estate administration. A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may arise. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction. Under one view, the client is the fiduciary; under another view the client is the estate or trust, including its beneficiaries. The lawyer should make clear the relationship to the parties involved. [14] A lawyer for a corporation or other organization who is also a member of its board of directors should determine whether the responsibilities of the two roles may conflict. The lawyer may be called on to advise the corporation in matters involving actions of the directors. Consideration should be given to the frequency with which such situations may arise, the potential intensity of the conflict, the effect of the lawyer's resignation from the board and the possibility of the corporation's obtaining legal advice from another lawyer in such situations. If there is material risk that the dual role will compromise the lawyer's independence of professional judgment, the lawyer should not serve as a director. Conflict Charged by an Opposing Party [15] Resolving questions of conflict of interest is primarily the responsibility of the lawyer undertaking the representation. In litigation, a court may raise the question when there is reason to infer that the lawyer has neglected the responsibility. In a criminal case, inquiry by the court is generally required when a lawyer represents multiple defendants. Where the conflict is such as clearly to call into question the fair or efficient administration of justice, opposing counsel may properly raise the question. Such an objection should be viewed with caution, however, for it can be misused as a technique of harassment. See Scope. [16] For the purposes of 1.7 (d), part-time prosecutors include but are not limited to part-time solicitors-general, part-time assistant solicitors-general, part-time probate court prosecutors, part-time magistrate court prosecutors, part-time municipal court prosecutors, special assistant attorneys general, part-time juvenile court prosecutors and prosecutors pro tem. [17] Pragmatic considerations require that the rules treat a lawyer serving as a part-time prosecutor differently. See Thompson v. State, 254 Ga. 393, 396-397 (1985). Special Considerations in Common Representation [18] As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client information relevant to the common representation. This is so because the lawyer has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client's interests and the right to expect that the lawyer will use that information to that client's benefit. See Rule 1.4. The lawyer should, at the outset of the common representation and as part of the process of obtaining each client's informed consent, advise each client that information will be shared and that the lawyer will have to withdraw if one client decides that some matter material to the representation should be kept from the other. In limited circumstances, it may be appropriate for the lawyer to proceed with the representation when the clients have agreed, after being properly informed, that the lawyer will keep certain information confidential. For example, the lawyer may reasonably conclude that failure to disclose one client's trade secrets to another client will not adversely affect representation involving a joint venture between the clients and agree to keep that information confidential with the informed consent of both clients. --- CITATION: Ga. R. Prof. Cond. 1.8 TITLE: Conflict of Interest: Prohibited Transactions CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.8/ TEXT: Ga. R. Prof. Cond. 1.8. Conflict of Interest: Prohibited Transactions A lawyer shall neither enter into a business transaction with a client if the client expects the lawyer to exercise the lawyer's professional judgment therein for the protection of the client, nor shall the lawyer knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client; the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. A lawyer shall not use information gained in the professional relationship with a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules. A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, grandparent, child, grandchild, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee. Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation. A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; or a lawyer representing a client unable to pay court costs and expenses of litigation may pay those costs and expenses on behalf of the client. A lawyer shall not accept compensation for representing a client from one other than the client unless: the client gives informed consent; there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and information relating to representation of a client is protected as required by Rule 1.6. A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims for or against the clients, nor in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyers disclosure shall include the existence and nature of all claims or pleas involved and of the participation of each person in the settlement. A lawyer shall not make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless permitted by law, and the client is independently represented by a lawyer in making the agreement, or settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith. To the extent that agreements to arbitrate disputes over a lawyer's liability for malpractice are enforceable, a lawyer may enter into such an agreement with a client or a prospective client if the client or prospective client gives informed consent in writing signed by the client or prospective client. The agreement to arbitrate and the attorney's disclosures regarding arbitration must be set out in a separate paragraph, written in a font size at least as large as the rest of the contract, and separately initialed by the client and the lawyer. A lawyer related to another lawyer as parent, grandparent, child, grandchild, sibling or spouse shall not represent a client in a representation directly adverse to a person whom the lawyer has actual knowledge is represented by the other lawyer unless his or her client gives informed consent regarding the relationship. The disqualification stated in this paragraph is personal and is not imputed to members of firms with whom the lawyers are associated. A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: acquire a lien granted by law to secure the lawyer's fees or expenses as long as the exercise of the lien is not prejudicial to the client with respect to the subject of the representation; and contract with a client for a reasonable contingent fee in a civil case, except as prohibited by Rule 1.5. The maximum penalty for a violation of Rule 1.8 (b) is disbarment. The maximum penalty for a violation of Rule 1.8 (a) and 1.8 (c)-(j) is a public reprimand. Comment Transactions Between Client and Lawyer [1A] As a general principle, all transactions between client and lawyer should be fair and reasonable to the client. The client should be fully informed of the true nature of the lawyer's interest or lack of interest in all aspects of the transaction. In such transactions a review by independent counsel on behalf of the client is often advisable. Furthermore, a lawyer may not exploit information relating to the representation to the client's disadvantage. For example, a lawyer who has learned that the client is investing in specific real estate may not, without the client's informed consent, seek to acquire nearby property where doing so would adversely affect the client's plan for investment. Paragraph (a) does not, however, apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others, for example, banking or brokerage services, medical services, products manufactured or distributed by the client, and utilities' services. In such transactions, the lawyer has no advantage in dealing with the client, and the restrictions in paragraph (a) are unnecessary and impracticable. Use of Information to the Disadvantage of the Client [1B] It is a general rule that an attorney will not be permitted to make use of knowledge, or information, acquired by the attorney through the professional relationship with the client, or in the conduct of the client's business, to the disadvantage of the client. Paragraph (b) follows this general rule and provides that the client may waive this prohibition. However, if the waiver is conditional, the duty is on the attorney to comply with the condition. Gifts from Clients [2] A lawyer may accept a gift from a client, if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted. If effectuation of a substantial gift requires preparing a legal instrument such as a will or conveyance, however, the client should have the objective advice that another lawyer can provide. Paragraph (c) recognizes an exception where the client is a relative of the donee or the gift is not substantial. Literary Rights [3] An agreement by which a lawyer acquires literary or media rights concerning the subject of the representation creates a conflict between the interest of the client and the personal interest of the lawyer. Measures suitable in the representation of the client may detract from the publication value of an account of the representation. Paragraph (d) does not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer's fee shall consist of a share in ownership in the property, if the arrangement conforms to Rule 1.5 and paragraph (j) of this rule. Financial Assistance to Clients [4] Paragraph (e) eliminates the former requirement that the client remain ultimately liable for financial assistance provided by the lawyer. It further limits permitted assistance to court costs and expenses directly related to litigation. Accordingly, permitted expenses would include expenses of investigation, medical diagnostic work connected with the matter under litigation and treatment necessary for the diagnosis, and the costs of obtaining and presenting evidence. Permitted expenses would not include living expenses or medical expenses other than those listed above. Payment for a Lawyer's Services from One Other Than The Client [5] Lawyers are frequently asked to represent a client under circumstances in which a third person will compensate the lawyer, in whole or in part. The third person might be a relative or friend, an indemnitor (such as a liability insurance company) or a co-client (such as a corporation sued along with one or more of its employees). Because third-party payers frequently have interests that differ from those of the client, including interests in minimizing the amount spent on the representation and in learning how the representation is progressing, lawyers are prohibited from accepting or continuing such representations unless the lawyer determines that there will be no interference with the lawyer's independent professional judgment and there is informed consent from the client. See also Rule 5.4 (c) (prohibiting interference with a lawyer's professional judgment by one who recommends, employs or pays the lawyer to render legal services for another). Settlement of Aggregated Claims [6] Paragraph (g) requires informed consent. This requirement is not met by a blanket consent prior to settlement that the majority decision will rule. Agreements to Limit Liability [7] A lawyer may not condition an agreement to withdraw or the return of a client's documents on the client's release of claims. However, this paragraph is not intended to apply to customary qualifications and limitations in opinions and memoranda. [8] A lawyer should not seek prospectively, by contract or other means, to limit the lawyer's individual liability to a client for the lawyer's malpractice. A lawyer who handles the affairs of a client properly has no need to attempt to limit liability for the lawyer's professional activities and one who does not handle the affairs of clients properly should not be permitted to do so. A lawyer may, however, practice law as a partner, member, or shareholder of a limited liability partnership, professional association, limited liability company, or professional corporation. Arbitration [8A] Paragraph (h) requires informed consent to an agreement to arbitrate malpractice claims. See Rule 1.0 (n). In obtaining such informed consent, the lawyer should reveal to the client or prospective client the following: (1) in an arbitration, the client of prospective client waives the right to a jury because the dispute will be resolved by an individual arbitrator or a panel or arbitrators; (2) generally, there is no right to an appeal from an arbitration decision; (3) arbitration may not permit the broad discovery that would be available in civil litigation; (4) how the costs of arbitration compare to the costs of litigation in a public court, including the requirement that the arbitrator or arbitrators be compensated; and (5) who will bear the costs of arbitration. The lawyer should also inform the client or prospective client that an agreement to arbitrate malpractice claims over fees and expenses is not a waiver of the right to make a disciplinary complaint regarding the lawyer. Family Relationships Between Lawyers [9] Paragraph (i) applies to related lawyers who are in different firms. Related lawyers in the same firm are governed by Rules 1.7, 1.9, and 1.10. Acquisition of Interest in Litigation [10] Paragraph (j) states the traditional general rule that lawyers are prohibited from acquiring a proprietary interest in litigation. This general rule, which has its basis in the common law prohibition of champerty and maintenance, is subject to specific exceptions developed in decisional law and continued in these rules, such as the exception for reasonable contingent fees set forth in Rule 1.5 and the exception for lawyer's fees and for certain advances of costs of litigation set forth in paragraph (e). --- CITATION: Ga. R. Prof. Cond. 1.9 TITLE: Conflict of Interest: Former Client CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.9/ TEXT: Ga. R. Prof. Cond. 1.9. Conflict of Interest: Former Client A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client: whose interests are materially adverse to that person; and about whom the lawyer had acquired information protected by Rules 1.6 and 1.9 (c), that is material to the matter; unless the former client gives informed consent, confirmed in writing. A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: use information relating to the representation to the disadvantage of the former client except as Rule 1.6 or Rule 3.3 would permit or require with respect to a client, or when the information has become generally known; or reveal information relating to the representation except as Rule 1.6 or Rule 3.3 would permit or require with respect to a client. The maximum penalty for a violation of this rule is disbarment. Comment [1] After termination of a client-lawyer relationship, a lawyer has certain continuing duties with respect to confidentiality and conflicts of interest and thus may not represent another client except in conformity with this rule. Under this rule for example, a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client. So also a lawyer who has prosecuted an accused person could not properly represent the accused in a subsequent civil action against the government concerning the same transaction nor could a lawyer who has represented multiple clients in a matter represent one of the clients against the others in the same or a substantially related matter after a dispute arose among the clients in that matter, unless all affected clients give informed consent. See Comment [9]. Current and former government lawyers must comply with this rule to the extent required by Rule 1.11. [2] The scope of a "matter "for purposes of this rule depends on the facts of a particular situation or transaction. The lawyer's involvement in a matter can also be a question of degree. When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests in that transaction clearly is prohibited. On the other hand, a lawyer who recurrently handled a type of problem for a former client is not precluded from later representing another client in a factually distinct problem of that type even though the subsequent representation involves a position adverse to the prior client. Similar considerations can apply to the reassignment of military lawyers between defense and prosecution functions within the same military jurisdictions. The underlying question is whether the lawyer was so involved in the matter that the subsequent representation can be justly regarded as a changing of sides in the matter in question. [3] Matters are "substantially related "for purposes of this rule if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential information as would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter. For example, a lawyer who has represented a businessperson and learned extensive private financial information about that person may not then represent that person's spouse in seeking a divorce. Similarly, a lawyer who has previously represented a client in securing environmental permits to build a shopping center would be precluded from representing neighbors seeking to oppose rezoning of the property on the basis of environmental considerations; however, the lawyer would not be precluded, on the grounds of substantial relationship, from defending a tenant of the completed shopping center in resisting eviction for nonpayment of rent. Information that has been disclosed to the public or to other parties adverse to the former client ordinarily will not be disqualifying. Information acquired in a prior representation may have been rendered obsolete by the passage of time, a circumstance that may be relevant in determining whether two representations are substantially related. In the case of an organizational client, general knowledge of the client's policies and practices ordinarily will not preclude a subsequent representation; on the other hand, knowledge of specific facts gained in a prior representation that are relevant to the matter in question ordinarily will preclude such a representation. A former client is not required to reveal the confidential information learned by the lawyer in order to establish a substantial risk that the lawyer has confidential information to use in the subsequent matter. A conclusion about the possession of such information may be based on the nature of the services the lawyer provided the former client and information that would in ordinary practice be learned by a lawyer providing such services. Lawyers Moving Between Firms [4] When lawyers have been associated within a firm but then end their association, the question of whether a lawyer should undertake representation is more complicated. There are several competing considerations. First, the client previously represented by the former firm must be reasonably assured that the principle of loyalty to the client is not compromised. Second, the rule should not be so broadly cast as to preclude other persons from having reasonable choice of legal counsel. Third, the rule should not unreasonably hamper lawyers from forming new associations and taking on new clients after having left a previous association. In this connection, it should be recognized that today many lawyers practice in firms, that many lawyers to some degree limit their practice to one field or another, and that many move from one association to another several times in their careers. If the concept of imputation were applied with unqualified rigor, the result would be radical curtailment of the opportunity of lawyers to move from one practice setting to another and of the opportunity of clients to change counsel. [5] Paragraph (b) operates to disqualify the lawyer only when the lawyer involved has actual knowledge of information protected by Rules 1.6 and 1.9(c). Thus, if a lawyer while with one firm acquired no knowledge or information relating to a particular client of the firm, and that lawyer later joined another firm, neither the lawyer individually nor the second firm is disqualified from representing another client in the same or a related matter even though the interests of the two clients conflict. See Rule 1.10 (b) for the restrictions on a firm once a lawyer has terminated association with the firm. [6] Application of paragraph (b) depends on a situation's particular facts, aided by inferences, deductions or working presumptions that reasonably may be made about the way in which lawyers work together. A lawyer may have general access to files of all clients of a law firm and may regularly participate in discussions of their affairs; it should be inferred that such a lawyer in fact is privy to all information about all the firm's clients. In contrast, another lawyer may have access to the files of only a limited number of clients and participate in discussions of the affairs of no other clients; in the absence of information to the contrary, it should be inferred that such a lawyer in fact is privy to information about the clients actually served but not those of other clients. In such an inquiry, the burden of proof should rest upon the firm whose disqualification is sought. [7] Independent of the question of disqualification of a firm, a lawyer changing professional association has a continuing duty to preserve confidentiality of information about a client formerly represented. See Rules 1.6 and 1.9 (c). [8] Paragraph (c) provides that information acquired by the lawyer in the course of representing a client may not subsequently be used or revealed by the lawyer to the disadvantage of the client. However, the fact that a lawyer has once served a client does not preclude the lawyer from using generally known information about that client when later representing another client. [9] The provisions of this rule are for the protection of former clients and can be waived if the client gives informed consent, which consent must be confirmed in writing under paragraphs (a) and (b). See Rule 1.0 (n) and (d). With regard to disqualification of a firm with which a lawyer is or was formerly associated, see Rule 1.10. --- CITATION: Ga. R. Prof. Cond. 1.10 TITLE: Imputed Disqualification: General Rule CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.10/ TEXT: Ga. R. Prof. Cond. 1.10. Imputed Disqualification: General Rule While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7: Conflict of Interest: General Rule, 1.8 (c): Conflict of Interest: Prohibited Transactions, 1.9: Former Client or 2.2: Intermediary. When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless: the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and any lawyer remaining in the firm has information protected by Rules 1.6: Confidentiality of Information and 1.9 (c): Conflict of Interest: Former Client that is material to the matter. A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7: Conflict of Interest: General Rule. The maximum penalty for a violation of this rule is disbarment. Comment Definition of "Firm " [1] For purposes of these rules, the term "firm "includes lawyers in a private firm, and lawyers in the legal department of a corporation or other organization, or in a legal services organization. Whether two or more lawyers constitute a firm within this definition can depend on the specific facts. For example, two practitioners who share office space and occasionally consult or assist each other ordinarily would not be regarded as constituting a firm. However, if they present themselves to the public in a way suggesting that they are a firm or conduct themselves as a firm, they should be regarded as a firm for the purposes of the rules. The terms of any formal agreement between associated lawyers are relevant in determining whether they are a firm, as is the fact that they have mutual access to information concerning the clients they serve. Furthermore, it is relevant in doubtful cases to consider the underlying purpose of the rule that is involved. A group of lawyers could be regarded as a firm for purposes of the rule that the same lawyer should not represent opposing parties in litigation, while it might not be so regarded for purposes of the rule that information acquired by one lawyer is attributed to the other. [2] With respect to the law department of an organization, there is ordinarily no question that the members of the department constitute a firm within the meaning of the Georgia Rules of Professional Conduct. However, there can be uncertainty as to the identity of the client. For example, it may not be clear whether the law department of a corporation represents a subsidiary or an affiliated corporation, as well as the corporation by which the members of the department are directly employed. A similar question can arise concerning an unincorporated association and its local affiliates. [3] Similar questions can also arise with respect to lawyers in legal aid. Lawyers employed in the same unit of a legal service organization constitute a firm, but not necessarily those employed in separate units. As in the case of independent practitioners, whether the lawyers should be treated as associated with each other can depend on the particular rule that is involved, and on the specific facts of the situation. [4] Where a lawyer has joined a private firm after having represented the government, the situation is governed by Rule 1.11 (a) and (b): Successive Government and Private Employment; where a lawyer represents the government after having served private clients, the situation is governed by Rule 1.11 (c) (1): Successive Government and Private Employment. The individual lawyer involved is bound by the Rules generally, including Rules 1.6: Confidentiality of Information, 1.7: Conflict of Interest: General Rule and 1.9: Conflict of Interest: Former Client. [5] Different provisions are thus made for movement of a lawyer from one private firm to another and for movement of a lawyer between a private firm and the government. The government is entitled to protection of its client confidences and, therefore, to the protections provided in Rules 1.6: Confidentiality of Information, 1.9: Conflict of Interest: Former Client, and 1.11: Successive Government and Private Employment. However, if the more extensive disqualification in Rule 1.10: Imputed Disqualification were applied to former government lawyers, the potential effect on the government would be unduly burdensome. The government deals with all private citizens and organizations and, thus, has a much wider circle of adverse legal interests than does any private law firm. In these circumstances, the government's recruitment of lawyers would be seriously impaired if Rule 1.10: Imputed Disqualification were applied to the government. On balance, therefore, the government is better served in the long run by the protections stated in Rule 1.11: Successive Government and Private Employment. Principles of Imputed Disqualification [6] The rule of imputed disqualification stated in paragraph (a) gives effect to the principle of loyalty to the client as it applies to lawyers who practice in a law firm. Such situations can be considered from the premise that a firm of lawyers is essentially one lawyer for purposes of the rules governing loyalty to the client, or from the premise that each lawyer is vicariously bound by the obligation of loyalty owed by each lawyer with whom the lawyer is associated. Paragraph (a) operates only among the lawyers currently associated in a firm. When a lawyer moves from one firm to another, the situation is governed by Rules 1.9 (b): Conflict of Interest: Former Client, and 1.10 (b): Imputed Disqualification: General Rule. [7] Rule 1.10 (b): Imputed Disqualification operates to permit a law firm, under certain circumstances, to represent a person with interests directly adverse to those of a client represented by a lawyer who formerly was associated with the firm. The rule applies regardless of when the formerly associated lawyer represented the client. However, the law firm may not represent a person with interests adverse to those of a present client of the firm, which would violate Rule 1.7: Conflict of Interest. Moreover, the firm may not represent the person where the matter is the same or substantially related to that in which the formerly associated lawyer represented the client and any other lawyer currently in the firm has material information protected by Rules 1.6: Confidentiality of Information and 1.9 (c): Conflict of Interest: Former Client. --- CITATION: Ga. R. Prof. Cond. 1.11 TITLE: Successive Government and Private Employment CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.11/ TEXT: Ga. R. Prof. Cond. 1.11. Successive Government and Private Employment Except as law may otherwise expressly permit, a lawyer shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government entity gives informed consent, confirmed in writing. No lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and written notice is duly given to the client and to the appropriate government entity to enable it to ascertain compliance with the provisions of this rule. Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom. Except as law may otherwise expressly permit, a lawyer serving as a public officer or employee shall not: participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless under applicable law no one is, or by lawful delegation may be, authorized to act in the lawyer's stead in the matter; or negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12 (b) and subject to the conditions stated in Rule 1.12 (b). As used in this rule, the term "matter "includes: any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and any other matter covered by the conflict of interest rules of the appropriate government entity. As used in this rule, the term "confidential government information "means information which has been obtained under governmental authority and which, at the time this rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose, and which is not otherwise available to the public. The maximum penalty for a violation of this rule is disbarment. Comment [1] This rule prevents a lawyer from exploiting public office for the advantage of a private client. It is a counterpart of Rule 1.10 (b), which applies to lawyers moving from one firm to another. [2] A lawyer representing a government entity, whether employed or specially retained by the government, is subject to the Georgia Rules of Professional Conduct, including the prohibition against representing adverse interests stated in Rule 1.7 and the protections afforded former clients in Rule 1.9. In addition, such a lawyer is subject to Rule 1.11 and to statutes and government regulations regarding conflict of interest. Such statutes and regulations may circumscribe the extent to which the government entity may give consent under this rule. [3] Where the successive clients are a public entity and a private client, the risk exists that power or discretion vested in public authority might be used for the special benefit of a private client. A lawyer should not be in a position where benefit to a private client might affect performance of the lawyer's professional functions on behalf of public authority. Also, unfair advantage could accrue to the private client by reason of access to confidential government information about the client's adversary obtainable only through the lawyer's government service. However, the rules governing lawyers presently or formerly employed by a government entity should not be so restrictive as to inhibit transfer of employment to and from the government. The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. The provisions for screening and waiver are necessary to prevent the disqualification rule from imposing too severe a deterrent against entering public service. [4] When the client is an agency of one government, that agency should be treated as a private client for purposes of this rule if the lawyer thereafter represents an agency of another government, as when a lawyer represents a city and subsequently is employed by a federal agency. [5] Paragraphs (a) (1) and (b) do not prohibit a lawyer from receiving a salary or partnership share established by prior independent agreement. They prohibit directly relating the lawyer's compensation to the fee in the matter in which the lawyer is disqualified. [6] Paragraph (a) (2) does not require that a lawyer give notice to the government entity at a time when premature disclosure would injure the client; a requirement for premature disclosure might preclude engagement of the lawyer. Such notice is, however, required to be given as soon as practicable in order that the government entity will have a reasonable opportunity to ascertain that the lawyer is complying with Rule 1.11 and to take appropriate action if it believes the lawyer is not complying. [7] Paragraph (b) operates only when the lawyer in question has knowledge of the information, which means actual knowledge; it does not operate with respect to information that merely could be imputed to the lawyer. [8] Paragraphs (a) and (c) do not prohibit a lawyer from jointly representing a private party and a government entity when doing so is permitted by Rule 1.7 and is not otherwise prohibited by law. [9] Paragraph (c) does not disqualify other lawyers in the entity with which the lawyer in question has become associated. --- CITATION: Ga. R. Prof. Cond. 1.12 TITLE: Former Judge or Arbitrator CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.12/ TEXT: Ga. R. Prof. Cond. 1.12. Former Judge or Arbitrator Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person, unless all parties to the proceeding give informed consent. A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or arbitrator. A lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, other adjudicative officer or arbitrator. In addition, the law clerk shall promptly provide written notice of acceptance of employment to all counsel of record in all such matters in which the prospective employer is involved. If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and written notice is promptly given to the appropriate tribunal to enable it to ascertain compliance with the provisions of this rule. An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party. The maximum penalty for a violation of this rule is a public reprimand. Comment This rule generally parallels Rule 1.11. The term "personally and substantially "signifies that a judge who was a member of a multimember court, and thereafter left judicial office to practice law, is not prohibited from representing a client in a matter pending in the court, but in which the former judge did not participate. So also the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits. The term "adjudicative officer "includes such officials as judges pro tempore, referees, special masters, hearing officers and other parajudicial officers, and also lawyers who serve as part-time judges. Compliance Canons A(2), B(2) and C of the Model Code of Judicial Conduct provide that a part-time judge, judge pro tempore or retired judge recalled to active service, may not "act as a lawyer in any proceeding in which he served as a judge or in any other proceeding related thereto."Although phrased differently from this rule, those rules correspond in meaning. --- CITATION: Ga. R. Prof. Cond. 1.13 TITLE: Organization as Client CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.13/ TEXT: Ga. R. Prof. Cond. 1.13. Organization as Client A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law. Except as provided in paragraph (d), if despite the lawyer's efforts in accordance with paragraph (b) the highest authority that can act on behalf of the organization insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization. Paragraph (c) shall not apply with respect to information relating to a lawyer's representation of an organization to investigate an alleged violation of law, or to defend the organization or an officer, employee or other constituent associated with the organization against a claim arising out of an alleged violation of law. A lawyer who reasonably believes that he or she has been discharged because of the lawyer's actions taken pursuant to paragraphs (b) or (c ), or who withdraws under circumstances that require or permit the lawyer to take action under either of those paragraphs, shall proceed as the lawyer reasonably believes necessary to assure that the organization's highest authority is informed of the lawyer's discharge or withdrawal. In dealing with an organization's directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing. A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders. The maximum penalty for a violation of this rule is a public reprimand. Comment The Organization as the Client [1] An organizational client is a legal entity, but it cannot act except through its officers, directors, employees, shareholders and other constituents. Officers, directors, employees and shareholders are the constituents of the corporate organizational client. The duties defined in this Comment apply equally to unincorporated associations. "Other constituents "as used in this Comment means the positions equivalent to officers, directors, employees and shareholders held by persons acting for organizational clients that are not corporations. [2] When one of the constituents of an organizational client communicates with the organization's lawyer in that person's organizational capacity, the communication is protected by Rule 1.6. Thus, by way of example, if an organizational client requests its lawyer to investigate allegations of wrongdoing, interviews made in the course of that investigation between the lawyer and the client's employees or other constituents are covered by Rule 1.6. This does not mean, however, that constituents of an organizational client are the clients of the lawyer. The lawyer may not disclose to such constituents information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation or as otherwise permitted by Rule 1.6. [3] When constituents of the organization make decisions for it, the decisions ordinarily must be accepted by the lawyer even if their utility or prudence is doubtful. Decisions concerning policy and operations, including ones entailing serious risk, are not as such in the lawyer's province. Paragraph (b) makes clear, however, that when the lawyer knows that the organization is likely to be substantially injured by action of an officer or other constituent that violates a legal obligation to the organization or is in violation of law that might be imputed to the organization, the lawyer must proceed as is reasonably necessary in the best interest of the organization. As defined in Rule 1.0 (o), knowledge can be inferred from circumstances, and a lawyer cannot ignore the obvious. [4] In determining how to proceed under paragraph (b), the lawyer should give due consideration to the seriousness of the violation and its consequences, the responsibility in the organization and the apparent motivation of the person involved, the policies of the organization concerning such matters, and any other relevant consideration. Ordinarily, referral to a higher authority would be necessary. In some circumstances, however, it may be appropriate for the lawyer to ask the constituent to reconsider the matter; for example, if the circumstances involve a constituent's innocent misunderstanding of law and subsequent acceptance of the lawyer's advice, the lawyer may reasonably conclude that the best interest of the organization does not require that the matter be referred to higher authority. If a constituent persists in conduct contrary to the lawyer's advice, it will be necessary for the lawyer to take steps to have the matter reviewed by a higher authority in the organization. If the matter is of sufficient seriousness and importance or urgency to the organization, referral to higher authority in the organization may be necessary even if the lawyer has not communicated with the constituent. Any measures taken should, to the extent practicable, minimize the risk of revealing information relating to the representation to persons outside the organization. Even in circumstances where a lawyer is not obligated by Rule 1.13 to proceed, a lawyer may bring to the attention of an organizational client, including its highest authority, matters that the lawyer reasonably believes to be of sufficient importance to warrant doing so in the best interest of the organization. [5] Paragraph (b) also makes clear that when it is reasonably necessary to enable the organization to address the matter in a timely and appropriate manner, the lawyer must refer the matter to higher authority, including, if warranted by the circumstances, the highest authority that can act on behalf of the organization under applicable law. The organization's highest authority to whom a matter may be referred ordinarily will be the board of directors or similar governing body. However, applicable law may prescribe that under certain conditions the highest authority reposes elsewhere, for example, in the independent directors of a corporation. Relation to Other Rules [6] The authority and responsibility provided in this rule are concurrent with the authority and responsibility provided in other rules. In particular, this rule does not limit or expand the lawyer's responsibility under Rules 1.8, 1.16, 3.3 or 4.1. Paragraph (c) of this rule supplements Rule 1.6 (b) by providing an additional basis upon which the lawyer may reveal information relating to the representation, but does not modify, restrict, or limit the provisions of Rule 1.6 (b) (1). Under paragraph (c) the lawyer may reveal such information only when the organization's highest authority insists upon or fails to address threatened or ongoing action that is clearly a violation of law, and then only to the extent the lawyer reasonably believes necessary to prevent reasonably certain substantial injury to the organization. It is not necessary that the lawyer's services be used in furtherance of the violation, but it is required that the matter be related to the lawyers' representation of the organization. In such circumstances Rule 1.2 (d) may also be applicable, in which event, withdrawal from the representation under Rule 1.16 (a) (1) may be required. [7] Paragraph (d) makes clear that the authority of a lawyer to disclose information relating to a representation in circumstances described in paragraph (c) does not apply with respect to information relating to a lawyer's engagement by an organization to investigate an alleged violation of law or to defend the organization or an officer, employee or other person associated with the organization against a claim arising out of an alleged violation of law. This is necessary in order to enable organizational clients to enjoy the full benefits of legal counsel in conducting an investigation or defending against a claim. [8] A lawyer who reasonably believes that he or she has been discharged because of the lawyer's actions taken pursuant to paragraph (b) or (c), or who withdraws in circumstances that require or permit the lawyer to take action under either of these paragraphs, must proceed as the lawyer reasonably believes necessary to assure that the organization's highest authority is informed of the lawyer's discharge or withdrawal. Governmental Organization [9] The duty defined in this rule applies to governmental organizations. Defining precisely the identity of the client and prescribing the resulting obligations of such lawyers may be more difficult in the government context and is a matter beyond the scope of these rules. See Scope [16]. Although in some circumstances the client may be a specific agency, it may also be a branch of government, such as the executive branch, or the government as a whole. For example, if the action or failure to act involves the head of a bureau, either the department of which the bureau is a part or the relevant branch of government may be the client for purposes of this rule. Moreover, in a matter involving the conduct of government officials, a government lawyer may have authority under applicable law to question such conduct more extensively than that of a lawyer for a private organization in similar circumstances. Thus, when the client is governmental organization, a different balance may be appropriate between maintaining confidentiality and assuring that the wrongful act is prevented or rectified, for public business in involved. In addition, duties of lawyers employed by the government or lawyers in military service may be defined by statutes and regulation. This rule does not limit that authority. See Scope [16]. Clarifying the Lawyer's Role [10] There are times when the organization's interest may be or become adverse to those of one or more of its constituents. In such circumstances the lawyer should advise any constituent, whose interest the lawyer finds adverse to that of the organization of the conflict or potential conflict of interest, that the lawyer cannot represent such constituent, and that such person may wish to obtain independent representation. Care must be taken to assure that the individual understands that, when there is such adversity of interest, the lawyer for the organization cannot provide legal representation for that constituent individual, and that discussions between the lawyer for the organization and the individual may not be privileged. [11] Whether such a warning should be given by the lawyer for the organization to any constituent individual may turn on the facts of each case. Dual Representation [12] Paragraph (g) recognizes that a lawyer for an organization may also represent a principal officer or major shareholder. Derivative Actions [13] Under generally prevailing law, the shareholders or members of a corporation may bring suit to compel the directors to perform their legal obligations in the supervision of the organization. Members of unincorporated associations have essentially the same right. Such an action may be brought nominally by the organization, but usually is, in fact, a legal controversy over management of the organization. [14] The question can arise whether counsel for the organization may defend such an action. The proposition that the organization is the lawyer's client does not alone resolve the issue. Most derivative actions are a normal incident of an organization's affairs, to be defended by the organization's lawyer like any other suit. However, if the claim involves serious charges of wrongdoing by those in control of the organization, a conflict may arise between the lawyer's duty to the organization and the lawyer's relationship with the board. In those circumstances, Rule 1.7 governs who should represent the directors and the organization. --- CITATION: Ga. R. Prof. Cond. 1.14 TITLE: Client With Diminished Capacity CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.14/ TEXT: Ga. R. Prof. Cond. 1.14. Client With Diminished Capacity When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian. Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6 (a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] The normal client-lawyer relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters. When the client is a minor or suffers from a diminished mental capacity, however, maintaining the ordinary client-lawyer relationship may not be possible in all respects. In particular, a severely incapacitated person may have no power to make legally binding decisions. Nevertheless, a client with diminished mental capacity often has the ability to understand, deliberate upon, and reach conclusions about matters affecting the client's own well-being. For example, children as young as five or six years of age, and certainly those of ten or twelve, are regarded as having opinions that are entitled to weight in legal proceedings concerning their custody. So also, it is recognized that some persons of advanced age can be quite capable of handling routine financial matters while needing special legal protection concerning major transactions. [2] The fact that a client suffers a disability does not diminish the lawyer's obligation to treat the client with attention and respect. Even if the person does have a legal representative, the lawyer should as far as possible accord the represented person the status of client, particularly in maintaining communication. [3] The client may wish to have family members or other persons participate in discussions with the lawyer. When necessary to assist in the representation, the lawyer should consider such participation in terms of its effect on the applicability of the attorney-client evidentiary privilege. Nevertheless, the lawyer must keep the client's interests foremost and, except for protective action authorized under paragraph (b), must look to the client, and not family members, to make decisions on the client's behalf. [4] If a legal representative has already been appointed for the client, the lawyer should ordinarily look to the representative for decisions on behalf of the client. In matters involving a minor, whether the lawyer should look to the parents as natural guardians may depend on the type of proceeding or matter in which the lawyer is representing the minor. If the lawyer represents the guardian as distinct from the ward, and is aware that the guardian is acting adversely to the ward's interest, the lawyer may have an obligation to prevent or rectify the guardian's misconduct. See Rule 1.2 (d). Taking Protective Action [5] If a lawyer reasonably believes that a client is at risk of substantial physical, financial or other harm unless action is taken, and that a normal client-lawyer relationship cannot be maintained as provided in paragraph (a) because the client lacks sufficient capacity to communicate or to make adequately considered decisions in connection with the representation, then paragraph (b) permits the lawyer to take protective measures deemed necessary. Such measures could include: consulting with family members, using a reconsideration period to permit clarification or improvement of circumstances, using voluntary surrogate decision-making tools such as durable powers of attorney or consulting with support groups, professional services, adult-protective agencies or other individuals or entities that have the ability to protect the client. In taking any protective action, the lawyer should be guided by such factors as the wishes and values of the client to the extent known, the client's best interests and the goals of intruding into the client's decision-making autonomy to the least extent feasible, maximizing client capacities and respecting the client's family and social connections. [6] In determining the extent of the client's diminished capacity, the lawyer should consider and balance such factors as: the client's ability to articulate reasoning leading to a decision, variability of state of mind and ability to appreciate consequences of a decision; the substantive fairness of a decision; and the consistency of a decision with the known long-term commitments and values of the client. In appropriate circumstances, the lawyer may seek guidance from an appropriate diagnostician. [7] If a legal representative has not been appointed, the lawyer should consider whether appointment of a guardian ad litem, conservator or guardian is necessary to protect the client's interests. Thus, if a client with diminished capacity has substantial property that should be sold for the client's benefit, effective completion of the transaction may require appointment of a legal representative. In addition, rules of procedure in litigation sometimes provide that minors or persons with diminished capacity must be represented by a guardian or next friend if they do not have a general guardian. In many circumstances, however, appointment of a legal representative may be more expensive or traumatic for the client than circumstances in fact require. Evaluation of such circumstances is a matter entrusted to the professional judgment of the lawyer. In considering alternatives, however, the lawyer should be aware of any law that requires the lawyer to advocate the least restrictive action on behalf of the client. Disclosure of the Client's Condition [8] Disclosure of the client's diminished capacity could adversely affect the client's interests. For example, raising the question of diminished capacity could, in some circumstances, lead to proceedings for involuntary commitment. Information relating to the representation is protected by Rule 1.6. Therefore, unless authorized to do so, the lawyer may not disclose such information. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized to make the necessary disclosures, even when the client directs the lawyer to the contrary. Nevertheless, given the risks of disclosure, paragraph (c) limits what the lawyer may disclose in consulting with other individuals or entities or seeking the appointment of a legal representative. At the very least, the lawyer should determine whether it is likely that the person or entity consulted with will act adversely to the client's interests before discussing matters related to the client. The lawyer's position in such cases is an unavoidably difficult one. Emergency Legal Assistance [9] In an emergency where the health, safety or a financial interest of a person with seriously diminished capacity is threatened with imminent and irreparable harm, a lawyer may take legal action on behalf of such person even though the person is unable to establish a client-lawyer relationship or to make or express considered judgments about the matter, when the person or another acting in good faith on that person's behalf has consulted with the lawyer. Even in such an emergency, however, the lawyer should not act unless the lawyer reasonably believes that the person has no other lawyer, agent or other representative available. The lawyer should take legal action on behalf of the person only to the extent reasonably necessary to maintain the status quo or otherwise avoid imminent and irreparable harm. A lawyer who undertakes to represent a person in such an exigent situation has the same duties under these rules as the lawyer would with respect to a client. [10] A lawyer who acts on behalf of a person with seriously diminished capacity in an emergency should keep the confidences of the person as if dealing with a client, disclosing them only to the extent necessary to accomplish the intended protective action. The lawyer should disclose to any tribunal involved and to any other counsel involved the nature of his or her relationship with the person. The lawyer should take steps to regularize the relationship or implement other protective solutions as soon as possible. Normally, a lawyer would not seek compensation for such emergency actions taken. [11] This rule is not violated if a lawyer acts in good faith to comply with the rule. --- CITATION: Ga. R. Prof. Cond. 1.15 TITLE: (I) Safekeeping Property - General CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.15/ TEXT: Ga. R. Prof. Cond. 1.15. (I) Safekeeping Property - General A lawyer shall hold funds or other property of clients or third persons that are in a lawyer's possession in connection with a representation separate from the lawyer's own funds or other property. Funds shall be kept in one or more separate accounts maintained in an approved institution as defined by Rule 1.15 (III) (c) (1). Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of six years after termination of the representation. For the purposes of this rule, a lawyer may not disregard a third person's interest in funds or other property in the lawyer's possession if: the interest is known to the lawyer, and the interest is based upon one of the following: A statutory lien; A final judgment addressing disposition of those funds or property; or A written agreement by the client or the lawyer on behalf of the client guaranteeing payment out of those funds or property. The lawyer may disregard the third person's claimed interest if the lawyer reasonably concludes that there is a valid defense to such lien, judgment, or agreement. Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. When in the course of representation a lawyer is in possession of funds or other property in which both the lawyer and a client or a third person claim interest, the property shall be kept separate by the lawyer until there is an accounting and severance of their interests. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the funds or property as to which the interests are not in dispute. The maximum penalty for a violation of this rule is disbarment. Comment [1] A lawyer should hold property of others with the care required of a professional fiduciary. Securities should be kept in a safe deposit box, except when some other form of safekeeping is warranted by special circumstances. All property which is the property of clients or third persons should be kept separate from the lawyer's business and personal property and, if monies, in one or more trust accounts. Separate trust accounts may be warranted when administering estate monies or acting in similar fiduciary capacities. [2] Lawyers often receive funds from third parties from which the lawyer's fee will be paid. If there is risk that the client may divert the funds without paying the fee, the lawyer is not required to remit the portion from which the fee is to be paid. However, a lawyer may not hold funds to coerce a client into accepting the lawyer's contention. The disputed portion of the funds should be kept in trust and the lawyer should suggest means for prompt resolution of the dispute, such as arbitration or interpleader. The undisputed portion of the funds shall be promptly distributed. [3] Third parties, such as a client's creditors, may have just claims against funds or other property in a lawyer's custody. A lawyer may have a duty under applicable law to protect such third-party claims against wrongful interference by the client, and accordingly may refuse to surrender the property to the client. However, a lawyer should not unilaterally assume to arbitrate a dispute between the client and the third party. The obligations of a lawyer under this rule are independent of those arising from activity other than rendering legal services. For example, a lawyer who serves as an escrow agent is governed by the applicable law relating to fiduciaries even though the lawyer does not render legal services in the transaction. [3A] In those cases where it is not possible to ascertain who is entitled to disputed funds or other property held by the lawyer, the lawyer may hold such disputed funds for a reasonable period of time while the interested parties attempt to resolve the dispute. If a resolution cannot be reached, it would be appropriate for a lawyer to interplead such disputed funds or property. [4] A "clients' security fund "provides a means through the collective efforts of the bar to reimburse persons who have lost money or property as a result of dishonest conduct of a lawyer. Where such a fund has been established, a lawyer should participate. --- CITATION: Ga. R. Prof. Cond. 1.16 TITLE: Declining or Terminating Representation CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.16/ TEXT: Ga. R. Prof. Cond. 1.16. Declining or Terminating Representation Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: the representation will result in violation of the Georgia Rules of Professional Conduct or other law; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or the lawyer is discharged. except as stated in paragraph (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if: the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; the client has used the lawyer's services to perpetrate a crime or fraud; the client insists upon pursuing an objective that the lawyer considers repugnant or imprudent; the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or other good cause for withdrawal exists. When a lawyer withdraws it shall be done in compliance with applicable laws and rules. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. But see Rule 1.2 (c): Scope of Representation. Mandatory Withdrawal [2] A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Georgia Rules of Professional Conduct or other law. The lawyer is not obliged to decline or withdraw simply because the client suggests such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not be constrained by a professional obligation. [3] When a lawyer has been appointed to represent a client, withdrawal ordinarily requires approval of the appointing authority. See also Rule 6.2: Accepting Appointments. Difficulty may be encountered if withdrawal is based on the client's demand that the lawyer engage in unprofessional conduct. The court may wish an explanation for the withdrawal, while the lawyer may be bound to keep confidential the facts that would constitute such an explanation. The lawyer's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient. Discharge [4] A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances. [5] Whether a client can discharge appointed counsel may depend on applicable law. To the extent possible, the lawyer should give the client an explanation of the consequences. These consequences may include a decision by the appointing authority that appointment of successor counsel is unjustified, thus requiring the client to be self-represented. [6] If the client is mentally incompetent, the client may lack the legal capacity to discharge the lawyer, and in any event the discharge may be seriously adverse to the client's interests. The lawyer should make special effort to help the client consider the consequences and, in an extreme case, may initiate proceedings for a conservatorship or similar protection of the client. See Rule 1.14: Client under a Disability. Optional Withdrawal [7] The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, for a lawyer is not required to be associated with such conduct even if the lawyer does not further it. Withdrawal is also permitted if the lawyer's services were misused in the past even if that would materially prejudice the client. The lawyer also may withdraw where the client insists on a repugnant or imprudent objective. The lawyer's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient. [8] A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation. Assisting the Client upon Withdrawal [9] Even if the lawyer has been unfairly discharged by the client, a lawyer must take all reasonable steps to mitigate the consequences to the client. [10] Whether or not a lawyer for an organization may under certain unusual circumstances have a legal obligation to the organization after withdrawing or being discharged by the organization's highest authority is beyond the scope of these rules. --- CITATION: Ga. R. Prof. Cond. 1.17 TITLE: Sale of Law Practice CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.17/ TEXT: Ga. R. Prof. Cond. 1.17. Sale of Law Practice A lawyer or a law firm may sell or purchase a law practice, including good will, if the following conditions are satisfied: Reserved. The practice is sold as an entirety to another lawyer or law firm; Actual written notice is given to each of the seller's clients regarding: the proposed sale; the terms of any proposed change in the fee arrangement authorized by paragraph (d); the client's right to retain other counsel, or to take possession of the file; and the fact that the client's consent to the sale will be presumed if the client does not take any action or does not otherwise object within 90 days of receipt of the notice. If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file. The fees charged clients shall not be increased by reason of the sale. The purchaser may, however, refuse to undertake the representation unless the client consents to pay the purchaser fees at a rate not exceeding the fees charged by the purchaser for rendering substantially similar services prior to the initiation of the purchase negotiations. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] The practice of law is a profession, not merely a business. Clients are not commodities that can be purchased and sold at will. Pursuant to this rule, when another lawyer or firm takes over the representation, the selling lawyer or firm may obtain compensation for the reasonable value of the practice as may withdrawing partners of law firms. See Rules 5.4: Professional Independence of a Lawyer and 5.6: Restrictions on Right to Practice. Termination of Practice by the Seller [2] The requirement that all of the private practice be sold is satisfied if the seller in good faith makes the entire practice available for sale to the purchaser. The fact that a number of the seller's clients decide not to be represented by the purchaser but take their matters elsewhere, therefore, does not result in a violation. Neither does a return to private practice as a result of an unanticipated change in circumstances result in a violation. For example, a lawyer who has sold the practice to accept an appointment to judicial office does not violate the requirement that the sale be attendant to cessation of practice if the lawyer later resumes private practice upon being defeated in a contested or a retention election for the office. [3] Reserved. [4] Reserved. Single Purchaser [5] The rule requires a single purchaser. The prohibition against piecemeal sale of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial fee-generating matters. The purchaser is required to undertake all client matters in the practice, subject to client consent. If, however, the purchaser is unable to undertake all client matters because of a conflict of interest in a specific matter respecting which the purchaser is not permitted by Rule 1.7: Conflict of Interest or another rule to represent the client, the requirement that there be a single purchaser is nevertheless satisfied. Client Confidences, Consent and Notice [6] Negotiations between seller and prospective purchaser prior to disclosure of information relating to a specific representation of an identifiable client no more violate the confidentiality provisions of Rule 1.6: Confidentiality of Information than do preliminary discussions concerning the possible association of another lawyer or mergers between firms, with respect to which client consent is not required. Providing the purchaser access to detailed information relating to the representation, such as the client's file, however, requires client consent. The rule provides that before such information can be disclosed by the seller to the purchaser the client must be given actual written notice of the contemplated sale, including the identity of the purchaser and any proposed change in the terms of future representation, and must be told that the decision to consent or make other arrangements must be made within 90 days. If nothing is heard from the client within that time, consent to the sale is presumed. [7] A lawyer or law firm ceasing to practice cannot be required to remain in practice because some clients cannot be given actual notice of the proposed purchase. Since these clients cannot themselves consent to the purchase or direct any other disposition of their files, the rule requires an order from a court having jurisdiction authorizing their transfer or other disposition. The court can be expected to determine whether reasonable efforts to locate the client have been exhausted, and whether the absent client's legitimate interests will be served by authorizing the transfer of the file so that the purchaser may continue the representation. Preservation of client confidences requires that the petition for a court order be considered in camera. [8] All the elements of client autonomy, including the client's absolute right to discharge a lawyer and transfer the representation to another, survive the sale of the practice. Fee Arrangements Between Client and Purchaser [9] The sale may not be financed by increases in fees charged the clients of the practice. Existing agreements between the seller and the client as to fees and the scope of the work must be honored by the purchaser, unless the client consents. The purchaser may, however, advise the client that the purchaser will not undertake the representation unless the client consents to pay the higher fees the purchaser usually charges. To prevent client financing of the sale, the higher fee the purchaser may charge must not exceed the fees charged by the purchaser for substantially similar services rendered prior to the initiation of the purchase negotiations. [10] The purchaser may not intentionally fragment the practice which is the subject of the sale by charging significantly different fees in substantially similar matters. Doing so would make it possible for the purchaser to avoid the obligation to take over the entire practice by charging arbitrarily higher fees for less lucrative matters, thereby increasing the likelihood that those clients would not consent to the new representation. Other Applicable Ethical Standards [11] Lawyers participating in the sale of a law practice are subject to the ethical standards applicable to involving another lawyer in the representation of a client. These include, for example, the seller's obligation to exercise competence in identifying a purchaser qualified to assume the practice and the purchaser's obligation to undertake the representation competently (see Rule 1.1: Competence); the obligation to avoid disqualifying conflicts, and to secure client consent after consultation for those conflicts which can be agreed to (see Rule 1.7: Conflict of Interest); and the obligation to protect information relating to the representation (see Rules 1.6 and 1.9). [12] If approval of the substitution of the purchasing lawyer for the selling lawyer is required by the rules of any tribunal in which a matter is pending, such approval must be obtained before the matter can be included in the sale (see Rule 1.16: Declining or Terminating Representation). Applicability of the Rule [13] This rule applies to the sale of a law practice by representatives of a deceased, disabled or disappeared lawyer. Thus, the seller may be represented by a non-lawyer representative not subject to these rules. Since, however, no lawyer may participate in a sale of a law practice which does not conform to the requirements of this rule, the representatives of the seller as well as the purchasing lawyer can be expected to see to it that they are met. [14] Admission to or retirement from a law partnership or professional association, retirement plans and similar arrangements, and a sale of tangible assets of a law practice, do not constitute a sale or purchase governed by this rule. [15] This rule does not apply to the transfers of legal representation between lawyers when such transfers are unrelated to the sale of a practice. --- CITATION: Ga. R. Prof. Cond. 1.18 TITLE: Duties to Prospective Client CHAPTER: Georgia Rules of Professional Conduct — Client-Lawyer Relationship EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/1.18/ TEXT: Ga. R. Prof. Cond. 1.18. Duties to Prospective Client (a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. (c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). (d) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if both the affected client and the prospective client have given informed consent, confirmed in writing. The maximum penalty for a violation of this rule is disbarment. Comment [1] Prospective clients, like clients, may disclose information to a lawyer, place documents or other property in the lawyer's custody, or rely on the lawyer's advice. A lawyer's consultations with a prospective client usually are limited in time and depth and leave both the prospective client and the lawyer free (and sometimes required) to proceed no further. Hence, prospective clients should receive some but not all of the protection afforded clients. [2] A person becomes a prospective client by consulting with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. Whether communications, including written, oral, or electronic communications, constitute a consultation depends on the circumstances. For example, a consultation is likely to have occurred if a lawyer, either in person or through the lawyer’s advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer’s obligations, and a person provides information in response. See also Comment [4]. In contrast, a consultation does not occur if a person provides information to a lawyer in response to advertising that merely describes the lawyer’s education, experience, areas of practice, and contact information, or provides legal information of general interest. Such a person communicates information unilaterally to a lawyer, without any reasonable expectation that the lawyer is willing to discuss the possibility of forming a client-lawyer relationship, and is thus not a "prospective client."Moreover, a person who communicates with a lawyer for the purpose of disqualifying the lawyer is not a “prospective client.” [3] It is often necessary for a prospective client to reveal information to the lawyer during an initial consultation prior to the decision about formation of a client-lawyer relationship. The lawyer often must learn such information to determine whether there is a conflict of interest with an existing client and whether the matter is one that the lawyer is willing to undertake. Paragraph (b) prohibits the lawyer from using or revealing that information, except as permitted by Rule 1.9, even if the client or lawyer decides not to proceed with the representation. The duty exists regardless of how brief the initial conference may be. [4] In order to avoid acquiring disqualifying information from a prospective client, a lawyer considering whether or not to undertake a new matter should limit the initial consultation to only such information as reasonably appears necessary for that purpose. Where the information indicates that a conflict of interest or other reason for non-representation exists, the lawyer should so inform the prospective client or decline the representation. If the prospective client wishes to retain the lawyer, and if consent is possible under Rule 1.7, then consent from all affected present or former clients must be obtained before accepting the representation. [5] A lawyer may condition a consultation with a prospective client on the person's informed consent that no information disclosed during the consultation will prohibit the lawyer from representing a different client in the matter. See Rule 1.0 (n) for the definition of informed consent. If the agreement expressly so provides, the prospective client may also consent to the lawyer's subsequent use of information received from the prospective client. [6] Even in the absence of an agreement, under paragraph (c), the lawyer is not prohibited from representing a client with interests adverse to those of the prospective client in the same or a substantially related matter unless the lawyer has received from the prospective client information that could be significantly harmful if used in the matter. [7] Under paragraph (c), the prohibition in this rule is imputed to other lawyers as provided in Rule 1.10, but, under paragraph (d), imputation may be avoided if the lawyer obtains the informed consent, confirmed in writing, of both the prospective and affected clients. [8] For the duty of competence of a lawyer who gives assistance on the merits of a matter to a prospective client, see Rule 1.1. For a lawyer's duties when a prospective client entrusts valuables or papers to the lawyer's care, see Rule 1.15. --- CITATION: Ga. R. Prof. Cond. 2.1 TITLE: Advisor CHAPTER: Georgia Rules of Professional Conduct — Counselor EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/2.1/ TEXT: Ga. R. Prof. Cond. 2.1. Advisor In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. A lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client. The maximum penalty for a violation of this rule is disbarment. Comment Scope of Advice [1] A client is entitled to straightforward advice expressing the lawyer's honest assessment. Legal advice often involves unpleasant facts and alternatives that a client may be disinclined to confront. In presenting advice, a lawyer endeavors to sustain the client's morale and may put advice in as acceptable a form as honesty permits. However, a lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client. [2] In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors that may be relevant to the client's situation. Advice couched in narrowly legal terms may be of little value to a client, especially where practical considerations, such as cost or effects on other people, are predominant. Purely technical legal advice, therefore, can sometimes be inadequate. It is proper for a lawyer to refer to relevant moral and ethical considerations in giving advice. [3] A client may expressly or impliedly ask the lawyer for purely technical advice. When such a request is made by a client experienced in legal matters, the lawyer may accept it at face value. When such a request is made by a client inexperienced in legal matters, however, the lawyer's responsibility as advisor may include indicating that more may be involved than strictly legal considerations. [4] Matters that go beyond strictly legal questions may also be in the domain of another profession. Family matters can involve problems within the professional competence of psychiatry, clinical psychology or social work; business matters can involve problems within the competence of the accounting profession or of financial specialists. Where consultation with a professional in another field is itself something a competent lawyer would recommend, the lawyer should make such a recommendation. At the same time, a lawyer's advice at its best often consists of recommending a course of action in the face of conflicting recommendations of experts. Offering Advice [5] In general, a lawyer is not expected to give advice until asked by the client. However, when a lawyer knows that a client proposes a course of action that is likely to result in substantial adverse legal consequences to the client, duty to the client under Rule 1.4: Communication may require that the lawyer act if the client's course of action is related to the representation. A lawyer ordinarily has no duty to initiate investigation of a client's affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client's interest. --- CITATION: Ga. R. Prof. Cond. 2.3 TITLE: Evaluation for Use by Third Persons CHAPTER: Georgia Rules of Professional Conduct — Counselor EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/2.3/ TEXT: Ga. R. Prof. Cond. 2.3. Evaluation for Use by Third Persons A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if: the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client; and the client gives informed consent. Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6. The maximum penalty for a violation of this rule is a public reprimand. Comment Definition [1] An evaluation may be performed at the client's direction but for the primary purpose of establishing information for the benefit of third parties; for example, an opinion concerning the title of property rendered at the behest of a vendor for the information of a prospective purchaser, or at the behest of a borrower for the information of a prospective lender. In some situations, the evaluation may be required by a government entity; for example, an opinion concerning the legality of the securities registered for sale under the securities laws. In other instances, the evaluation may be required by a third person, such as a purchaser of a business. [2] Lawyers for the government may be called upon to give a formal opinion on the legality of contemplated government entity action. In making such an evaluation, the government lawyer acts at the behest of the government as the client but for the purpose of establishing the limits of the agency's authorized activity. Such an opinion is to be distinguished from confidential legal advice given agency officials. The critical question is whether the opinion is to be made public. [3] A legal evaluation should be distinguished from an investigation of a person with whom the lawyer does not have a client-lawyer relationship. For example, a lawyer retained by a purchaser to analyze a vendor's title to property does not have a client-lawyer relationship with the vendor. So also, an investigation into a person's affairs by a government lawyer, or by special counsel employed by the government, is not an evaluation as that term is used in this rule. The question is whether the lawyer is retained by the person whose affairs are being examined. When the lawyer is retained by that person, the general rules concerning loyalty to client and preservation of confidences apply, which is not the case if the lawyer is retained by someone else. For this reason, it is essential to identify the person by whom the lawyer is retained. This should be made clear not only to the person under examination, but also to others to whom the results are to be made available. Duty to Third Person [4] When the evaluation is intended for the information or use of a third person, a legal duty to that person may or may not arise. That legal question is beyond the scope of this rule. However, since such an evaluation involves a departure from the normal client-lawyer relationship, careful analysis of the situation is required. The lawyer must be satisfied as a matter of professional judgment that making the evaluation is compatible with other functions undertaken in behalf of the client. For example, if the lawyer is acting as advocate in defending the client against charges of fraud, it would normally be incompatible with that responsibility for the lawyer to perform an evaluation for others concerning the same or a related transaction. Assuming no such impediment is apparent, however, the lawyer should advise the client of the implications of the evaluation, particularly the lawyer's responsibilities to third persons and the duty to disseminate the findings. Access to and Disclosure of Information [5] The quality of an evaluation depends on the freedom and extent of the investigation upon which it is based. Ordinarily a lawyer should have whatever latitude of investigation seems necessary as a matter of professional judgment. Under some circumstances, however, the terms of the evaluation may be limited. For example, certain issues or sources may be categorically excluded, or the scope of search may be limited by time constraints or the noncooperation of persons having relevant information. Any such limitations which are material to the evaluation should be described in the report. If after a lawyer has commenced an evaluation, the client refuses to comply with the terms upon which it was understood the evaluation was to have been made, the lawyer's obligations are determined by law, having reference to the terms of the client's agreement and the surrounding circumstances. Financial Auditors' Requests for Information [6] When a question concerning the legal situation of a client arises at the instance of the client's financial auditor and the question is referred to the lawyer, the lawyer's response may be made in accordance with procedures recognized in the legal profession. Such a procedure is set forth in the American Bar Association Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information, adopted in 1975. --- CITATION: Ga. R. Prof. Cond. 2.4 TITLE: Lawyer Serving as Third Party Neutral CHAPTER: Georgia Rules of Professional Conduct — Counselor EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/2.4/ TEXT: Ga. R. Prof. Cond. 2.4. Lawyer Serving as Third Party Neutral A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter. A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client. When one or more of the parties in a mediation is a current or former client of the neutral lawyer or the neutral's law firm, a lawyer may serve as a neutral only if the matter in which the lawyer serves as a neutral is not the same matter in which the lawyer or law firm represents or represented the party and all parties give informed consent, confirmed in writing. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] Alternative dispute resolution has become a substantial part of the civil justice system. Aside from representing clients in dispute-resolution processes, lawyers often serve as third-party neutrals. A third-party neutral is a person, such as a mediator, arbitrator, conciliator or evaluator, who assists the parties, represented or unrepresented, in the resolution of a dispute or in the arrangement of a transaction. Whether a third-party neutral serves primarily as a facilitator, evaluator or decision maker depends on the particular process that is either selected by the parties or mandated by a court. [2] The role of a third-party neutral is not unique to lawyers, although, in some court-connected contexts, only lawyers are allowed to serve in this role or to handle certain types of cases. In performing this role, the lawyer may be subject to court rules or other law that apply either to third-party neutrals generally or to lawyers serving as third-party neutrals. Lawyer-neutrals may also be subject to various codes of ethics, such as the Code of Ethics for Arbitration in Commercial Disputes prepared by a joint committee of the American Bar Association and the American Arbitration Association or the Model Standards of Conduct for Mediators jointly prepared by the American Bar Association, the American Arbitration Association and the Society of Professionals in Dispute Resolution. [3] Unlike non-lawyers who serve as third-party neutrals, lawyers serving in this role may experience unique problems as a result of differences between the role of a third-party neutral and a lawyer's service as a client representative. The potential for confusion is significant when the parties are unrepresented in the process. Thus, paragraph (b) requires a lawyer-neutral to inform unrepresented parties that the lawyer is not representing them. For some parties, particularly parties who frequently use dispute-resolution processes, this information will be sufficient. For others, particularly those who are using the process for the first time, more information will be required. Where appropriate, the lawyer should inform unrepresented parties of the important differences between the lawyer's role as third-party neutral and a lawyer's role as a client representative, including the inapplicability of the attorney-client evidentiary privilege. The extent of disclosure required under this paragraph will depend on the particular parties involved and the subject matter of the proceeding, as well as the particular features of the dispute-resolution process selected. [4] A lawyer who serves as a third-party neutral subsequently may be asked to serve as a lawyer representing a client in the same matter. The conflicts of interest that arise for both the individual lawyer and the lawyer's law firm are addressed in Rule 1.12. [5] Lawyers who represent clients in alternative dispute-resolution processes are governed by the Georgia Rules of Professional Conduct. When the dispute-resolution process takes place before a tribunal, as in binding arbitration (see Rule 1.0 (ee)), the lawyer's duty of candor is governed by Rule 3.3. Otherwise, the lawyer's duty of candor toward both the third-party neutral and other parties is governed by Rule 4.1. --- CITATION: Ga. R. Prof. Cond. 3.1 TITLE: Meritorious Claims and Contentions CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.1/ TEXT: Ga. R. Prof. Cond. 3.1. Meritorious Claims and Contentions In the representation of a client, a lawyer shall not: file a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of the client when the lawyer knows or when it is obvious that such action would serve merely to harass or maliciously injure another; knowingly advance a claim or defense that is unwarranted under existing law, except that the lawyer may advance such claim or defense if it can be supported by good faith argument for an extension, modification or reversal of existing law. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] The advocate has a duty to use legal procedure for the fullest benefit of the client's cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law's ambiguities and potential for change. [2] The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. Such action is not frivolous even though the lawyer believes that the client's position ultimately will not prevail. The action is frivolous, however, if the client desires to have the action taken primarily for the purpose of harassing or maliciously injuring a person, or, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification or reversal of existing law. [3] It is not ethically improper for a lawyer to file a lawsuit before complete factual support for the claim has been established provided that the lawyer determines that a reasonable lawyer would conclude that there is a reasonable possibility that facts supporting the cause of action can be established after the filing of the claim; and provided further that the lawyer is not required by rules of procedure. or otherwise to represent that the cause of action has an adequate factual basis. If after filing it is discovered that the lawsuit has no merit, the lawyer will dismiss the lawsuit or in the alternative withdraw. [4] The decision of a court that a claim is not meritorious is not necessarily conclusive of a violation of this rule. --- CITATION: Ga. R. Prof. Cond. 3.2 TITLE: Expediting Litigation CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.2/ TEXT: Ga. R. Prof. Cond. 3.2. Expediting Litigation A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] Dilatory practices bring the administration of justice into disrepute. [2] The reasonableness of a lawyer's effort to expedite litigation must be judged by all of the controlling factors. "Reasonable efforts "do not equate to "instant efforts "and are sufficient if reasonable under the relevant circumstances. --- CITATION: Ga. R. Prof. Cond. 3.3 TITLE: Candor toward the Tribunal CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.3/ TEXT: Ga. R. Prof. Cond. 3.3. Candor toward the Tribunal A lawyer shall not knowingly: make a false statement of material fact or law to a tribunal; fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures. The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. In an ex parte proceeding, other than grand jury proceedings, a lawyer shall inform the tribunal of all material facts known to the lawyer that the lawyer reasonably believes are necessary to enable the tribunal to make an informed decision, whether or not the facts are adverse. The maximum penalty for a violation of this rule is disbarment. Comment [1] This rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal. See Rule 1.0 (ee) for the definition of tribunal. It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the tribunal's adjudicative authority, such as a deposition. Thus, for example, paragraph (a) (4) requires a lawyer to take reasonable remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false. [2] This rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client's case with persuasive force. Performance of that duty while maintaining confidences of the client, however, is qualified by the advocate's duty of candor to the tribunal. Consequently, although a lawyer in an adversary proceeding is not required to present an impartial exposition of the law or to vouch for the evidence submitted in a cause, the lawyer must not allow the tribunal to be misled by false statements of law or fact or evidence that the lawyer knows to be false. Representations by a Lawyer [3] An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the client's behalf, and not assertions by the lawyer. Compare Rule 3.1. However, an assertion purporting to be on the lawyer's own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry. There are circumstances where failure to make a disclosure is the equivalent of an affirmative misrepresentation. The obligation prescribed in Rule 1.2 (d) not to counsel a client to commit or assist the client in committing a fraud applies in litigation. Regarding compliance with Rule 1.2 (d), see the Comment to that Rule. See also the Comment to Rule 8.4 (b). Legal Argument [4] Legal argument based on a knowingly false representation of law constitutes dishonesty toward the tribunal. A lawyer is not required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities. Furthermore, as stated in paragraph (a) (3), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has not been disclosed by the opposing party. The underlying concept is that legal argument is a discussion seeking to determine the legal premises properly applicable to the case. Offering Evidence [5] Paragraph (c) allows that the lawyer refuse to offer evidence that the lawyer knows to be false, regardless of the client's wishes. This duty is premised on the lawyer's obligation as an officer of the court to prevent the trier of fact from being misled by false evidence. A lawyer does not violate this rule if the lawyer offers the evidence for the purpose of establishing its falsity. [6] If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to persuade the client that the evidence should not be offered. If the persuasion is ineffective and the lawyer continues to represent the client, the lawyer may refuse to offer the false evidence. If only a portion of a witness's testimony will be false, the lawyer may call the witness to testify but may not elicit from the witness the testimony that the lawyer knows is false. [7] The duties stated in paragraphs (a), (b) and (c) apply to all lawyers, including defense counsel in criminal cases. In some jurisdictions, however, courts have required counsel to present the accused as a witness or to give a narrative statement if the accused so desires, even if counsel knows that the testimony or statement will be false. The obligation of the advocate under the Georgia Rules of Professional Conduct is subordinate to such requirements. See also Comment [9]. [8] The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false. A lawyer's reasonable belief that evidence is false does not preclude its presentation to the trier of fact. A lawyer's knowledge that evidence is false, however, can be inferred from the circumstances. See Rule 1.0 (o). Thus, although a lawyer should resolve doubts about the veracity of testimony or other evidence in favor of the client, the lawyer cannot ignore an obvious falsehood. [9] Although paragraph (a) (4) only prohibits a lawyer from offering evidence the lawyer knows to be false, it permits the lawyer to refuse to offer testimony or other proof that the lawyer reasonably believes is false. Offering such proof may reflect adversely on the lawyer's ability to discriminate in the quality of evidence and thus impair the lawyer's effectiveness as an advocate. Because of the special protections historically provided criminal defendants, however, this rule does not permit a lawyer to refuse to offer the testimony of such a client where the lawyer reasonably believes but does not know that the testimony will be false. Unless the lawyer knows the testimony will be false, the lawyer must honor the client's decision to testify. See also Comment [7]. Remedial Measures [10] Having offered material evidence in the belief that it was true, a lawyer may subsequently come to know that the evidence is false. Or, a lawyer may be surprised when the lawyer's client, or another witness called by the lawyer, offers testimony the lawyer knows to be false, either during the lawyer's direct examination or in response to cross-examination by the opposing lawyer. In such situations or if the lawyer knows of the falsity of testimony elicited from the client during a deposition, the lawyer must take reasonable remedial measures. In such situations, the advocate's proper course is to remonstrate with the client confidentially, advise the client of the lawyer's duty of candor to the tribunal and seek the client's cooperation with respect to the withdrawal or correction of the false statements or evidence. If that fails, the advocate must take further remedial action. If withdrawal from the representation is not permitted or will not undo the effect of the false evidence, the advocate must make such disclosure to the tribunal as is reasonably necessary to remedy the situation, even if doing so requires the lawyer to reveal information that otherwise would be protected by Rule 1.6. It is for the tribunal then to determine what should be done - making a statement about the matter to the trier of fact, ordering a mistrial, or perhaps nothing. [11] The disclosure of a client's false testimony can result in grave consequences to the client, including not only a sense of betrayal but also loss of the case and perhaps a prosecution for perjury. But the alternative is that the lawyer cooperate in deceiving the court, thereby subverting the truth-finding process which the adversary system is designed to implement. See Rule 1.2 (d). Furthermore, unless it is clearly understood that the lawyer will act upon the duty to disclose the existence of false evidence, the client can simply reject the lawyer's advice to reveal the false evidence and insist that the lawyer keep silent. Thus the client could in effect coerce the lawyer into being a party to fraud on the court. Preserving Integrity of Adjudicative Process [12] Lawyers have a special obligation to protect a tribunal against criminal or fraudulent conduct that undermines the integrity of the adjudicative process, such as bribing, intimidating or otherwise unlawfully communicating with a witness, juror, court official or other participant in the proceeding, unlawfully destroying or concealing documents or other evidence or failing to disclose information to the tribunal when required by law to do so. Duration of Obligation [13] A practical time limit on the obligation to rectify false evidence or false statements of law and fact has to be established. The conclusion of the proceeding is a reasonably definite point for the termination of the obligation. A proceeding has concluded within the meaning of this rule when a final judgment in the proceeding has been affirmed on appeal or the time for review has passed. Ex Parte Proceedings [14] Ordinarily, an advocate has the limited responsibility of presenting one side of the matters that a tribunal should consider in reaching a decision; the conflicting position is expected to be presented by the opposing party. However, in any ex parte proceeding, such as an application for a temporary restraining order, there is no balance of presentation by opposing advocates. The object of an ex parte proceeding is nevertheless to yield a substantially just result. The judge has an affirmative responsibility to accord the absent party just consideration. The lawyer for the represented party has the correlative duty to make disclosures of material facts known to the lawyer and that the lawyer reasonably believes are necessary to an informed decision. Withdrawal [15] Normally, a lawyer's compliance with the duty of candor imposed by this rule does not require that the lawyer withdraw from the representation of a client whose interests will be or have been adversely affected by the lawyer's disclosure. The lawyer may, however, be required by Rule 1.16 (a) to seek permission of the tribunal to withdraw if the lawyer's compliance with this rule's duty of candor results in such an extreme deterioration of the client-lawyer relationship that the lawyer can no longer competently represent the client. Also see Rule 1.16 (b) for the circumstances in which a lawyer will be permitted to seek a tribunal's permission to withdraw. In connection with a request for permission to withdraw that is premised on a client's misconduct, a lawyer may reveal information relating to the representation only to the extent reasonably necessary to comply with this rule or as otherwise permitted by Rule 1.6. --- CITATION: Ga. R. Prof. Cond. 3.4 TITLE: Fairness to Opposing Party and Counsel CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.4/ TEXT: Ga. R. Prof. Cond. 3.4. Fairness to Opposing Party and Counsel A lawyer shall not: unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; falsify evidence; counsel or assist a witness to testify falsely; or pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of the testimony or the outcome of the case. But a lawyer may advance, guarantee, or acquiesce in the payment of: expenses reasonably incurred by a witness in preparation, attending or testifying; or reasonable compensation to a witness for the loss of time in preparing, attending or testifying; or a reasonable fee for the professional services of an expert witness; Reserved.; Reserved.; Reserved.; request a person other than a client to refrain from voluntarily giving relevant information to another party unless: the person is a relative or an employee or other agent of a client; or the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information; and the information is not otherwise subject to the assertion of a privilege by the client; use methods of obtaining evidence that violate the legal rights of the opposing party or counsel; or present, participate in presenting or threaten to present criminal charges solely to obtain an advantage in a civil matter. The maximum penalty for a violation of this rule is disbarment. Comment [1] The procedure of the adversary system contemplates that the evidence in a case is to be marshaled competitively by the contending parties. Fair competition in the adversary system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure, and the like. [2] Documents and other items of evidence are often essential to establish a claim or defense. Subject to evidentiary privileges, the right of an opposing party, including the government, to obtain evidence through discovery or subpoena is an important procedural right. The exercise of that right can be frustrated if relevant material is altered, concealed or destroyed. Applicable law in many jurisdictions makes it an offense to destroy material for purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. Falsifying evidence is also generally a criminal offense. Paragraph (a) applies to evidentiary material generally, including computerized information. [3] Reserved. [4] Paragraph (f) permits a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the client. See also Rule 4.2. [5] As to paragraph (g), the responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of the opposing party or counsel. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence. --- CITATION: Ga. R. Prof. Cond. 3.5 TITLE: Impartiality and Decorum of the Tribunal CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.5/ TEXT: Ga. R. Prof. Cond. 3.5. Impartiality and Decorum of the Tribunal A lawyer shall not, without regard to whether the lawyer represents a client in the matter: seek to influence a judge, juror, prospective juror or other official by means prohibited by law; communicate ex parte with such a person except as permitted by law; communicate with a juror or prospective juror after discharge of the jury if: the communication is prohibited by law or court order; or the juror has made known to the lawyer a desire not to communicate; or the communication involves misrepresentation, coercion, duress or harassment. engage in conduct intended to disrupt a tribunal. The maximum penalty for a violation of paragraph (a) or paragraph (c) of this rule is disbarment. The maximum penalty for a violation of paragraph (b) or paragraph (d) of this rule is a public reprimand. Comment [1] Many forms of improper influence upon the tribunal are proscribed by criminal law. All of those are specified in the Georgia Code of Judicial Conduct with which an advocate should be familiar. Attention is also directed to Rule 8.4. Misconduct., which governs other instances of improper conduct by a lawyer/candidate. [2] If we are to maintain the integrity of the judicial process, it is imperative that an advocate's function be limited to the presentation of evidence and argument, to allow a cause to be decided according to law. The exertion of improper influence is detrimental to that process. Regardless of an advocate's innocent intention, actions which give the appearance of tampering with judicial impartiality are to be avoided. The activity proscribed by this rule should be observed by the advocate in such a careful manner that there be no appearance of impropriety. [3A] The rule with respect to ex parte communications limits direct communications except as may be permitted by law. Thus, court rules or case law must be referred to in order to determine whether certain ex parte communications are legitimate. Ex parte communications may be permitted by statutory authorization. [3B] A lawyer who obtains a judge's signature on a decree in the absence of the opposing lawyer where certain aspects of the decree are still in dispute, may have violated Rule 3.5. Impartiality and Decorum of the Tribunal., regardless of the lawyer's good intentions or good faith. [4] A lawyer may communicate as to the merits of the cause with a judge in the course of official proceedings in the case, in writing if the lawyer simultaneously delivers a copy of the writing to opposing counsel or to the adverse party if the party is not represented by a lawyer, or orally upon adequate notice to opposing counsel or to the adverse party if the party is not represented by a lawyer. [5] If the lawyer knowingly instigates or causes another to instigate a communication proscribed by Rule 3.5. Impartiality and Decorum of the Tribunal., a violation may occur. [6] Direct or indirect communication with a juror during the trial is clearly prohibited. A lawyer may not avoid the proscription of Rule 3.5. Impartiality and Decorum of the Tribunal., by using agents to communicate improperly with jurors. A lawyer may be held responsible if the lawyer was aware of the client's desire to establish contact with jurors and assisted the client in doing so. [7] A lawyer may on occasion want to communicate with a juror after the jury has been discharged. The lawyer may do so unless the communication is prohibited by law or a court order but must respect the desire of the juror not to talk with the lawyer. The lawyer may not engage in improper conduct during the communication period. [8] While a lawyer may stand firm against abuse by a judge, the lawyer's actions should avoid reciprocation. Fairness and impartiality of the trial process is strengthened by the lawyer's protection of the record for subsequent review and this preserves the professional integrity of the legal profession by patient firmness. --- CITATION: Ga. R. Prof. Cond. 3.6 TITLE: Trial Publicity CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.6/ TEXT: Ga. R. Prof. Cond. 3.6. Trial Publicity A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a person would reasonably believe to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. Reserved. Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity. No lawyer associated in a firm or government entity with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a). The maximum penalty for a violation of this rule is a public reprimand. Comment [1] It is difficult to strike a balance between protecting the right to a fair trial and safeguarding the right of free expression. Preserving the right to a fair trial necessarily entails some curtailment of the information that may be disseminated about a party prior to trial, particularly where trial by jury is involved. If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. The public has a right to know about threats to its safety and measures aimed at assuring its security. It also has a legitimate interest in the conduct of judicial proceedings, particularly in matters of general public concern. Furthermore, the subject matter of legal proceedings is often of direct significance in debate and deliberation over questions of public policy. [2] Special rules of confidentiality may validly govern proceedings in juvenile, domestic relations and mental disability proceedings, and perhaps other types of litigation. [3] The rule sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. Recognizing that the public value of informed commentary is great and the likelihood of prejudice to a proceeding by the commentary of a lawyer who is not involved in the proceeding is small, the rule applies only to lawyers who are, or who have been involved in the investigation or litigation of a case, and their associates. [4] Reserved. [5A] There are, on the other hand, certain subjects which are more likely than not to have a material prejudicial effect on a proceeding, particularly when they refer to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration. These subjects relate to: the character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness, or the identity of a witness, or the expected testimony of a party or witness; in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person's refusal or failure to make a statement; the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and that would, if disclosed, create a substantial risk of prejudicing an impartial trial; or the fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty. [5B] In addition, there are certain subjects which are more likely than not to have no material prejudicial effect on a proceeding. Thus, a lawyer may usually state: the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; information contained in a public record; that an investigation of a matter is in progress; the scheduling or result of any step in litigation; a request for assistance in obtaining evidence and information necessary thereto; a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and in a criminal case, in addition to subparagraphs (1) through (6): the identity, residence, occupation and family status of the accused; if the accused has not been apprehended, information necessary to aid in apprehension of that person; the fact, time and place of arrest; and the identity of investigating and arresting officers or agencies and the length of the investigation. [6] Another relevant factor in determining prejudice is the nature of the proceeding involved. Criminal jury trials will be most sensitive to extrajudicial speech. Civil trials may be less sensitive. Non-jury hearings and arbitration proceedings may be even less affected. The rule will still place limitations on prejudicial comments in these cases, but the likelihood of prejudice may be different depending on the type of proceeding. [7] Finally, extrajudicial statements that might otherwise raise a question under this rule may be permissible when they are made in response to statements made publicly by another party, another party's lawyer, or third persons, where a reasonable lawyer would believe a public response is required in order to avoid prejudice to the lawyer's client. When prejudicial statements have been publicly made by others, responsive statements may have the salutary effect of lessening any resulting adverse impact on the adjudicative proceeding. Such responsive statements should be limited to contain only such information as is necessary to mitigate undue prejudice created by the statements made by others. --- CITATION: Ga. R. Prof. Cond. 3.7 TITLE: Lawyer as Witness CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.7/ TEXT: Ga. R. Prof. Cond. 3.7. Lawyer as Witness A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where: the testimony relates to an uncontested issue; the testimony relates to the nature and value of legal services rendered in the case; or disqualification of the lawyer would work substantial hardship on the client. A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] Combining the roles of advocate and witness can prejudice the opposing party and can involve a conflict of interest between the lawyer and client. [2] The opposing party has proper objection where the combination of roles may prejudice that party's rights in the litigation. A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof. [3] Paragraph (a) (1) recognizes that if the testimony will be uncontested, the ambiguities in the dual role are purely theoretical. Paragraph (a) (2) recognizes that where the testimony concerns the extent and value of legal services rendered in the action in which the testimony is offered, permitting the lawyers to testify avoids the need for a second trial with new counsel to resolve that issue. Moreover, in such a situation the judge has firsthand knowledge of the matter in issue; hence, there is less dependence on the adversary process to test the credibility of the testimony. [4] Apart from these two exceptions, paragraph (a) (3) recognizes that a balancing is required between the interests of the client and those of the opposing party. Whether the opposing party is likely to suffer prejudice depends on the nature of the case, the importance and probable tenor of the lawyer's testimony, and the probability that the lawyer's testimony will conflict with that of other witnesses. Even if there is risk of such prejudice, in determining whether the lawyer should be disqualified, due regard must be given to the effect of disqualification on the lawyer's client. It is relevant that one or both parties could reasonably foresee that the lawyer would probably be a witness. The principle of imputed disqualification stated in Rule 1.10: Imputed Disqualification has no application to this aspect of the problem. [5] Whether the combination of roles involves an improper conflict of interest with respect to the client is determined by Rule 1.7: Conflict of Interest: General Rule or Rule 1.9: Conflict of Interest: Former Client. For example, if there is likely to be substantial conflict between the testimony of the client and that of the lawyer or a member of the lawyer's firm, the representation is improper. The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. Determining whether or not such a conflict exists is primarily the responsibility of the lawyer involved. See Comment to Rule 1.7: Conflict of Interest. If a lawyer who is a member of a firm may not act as both advocate and witness by reason of conflict of interest, Rule 1.10: Imputed Disqualification disqualifies the firm also. --- CITATION: Ga. R. Prof. Cond. 3.8 TITLE: Special Responsibilities of a Prosecutor CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.8/ TEXT: Ga. R. Prof. Cond. 3.8. Special Responsibilities of a Prosecutor The prosecutor in a criminal case shall: refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause; refrain from making any effort to prevent the accused from exercising a reasonable effort to obtain counsel; comply with Rule 4.2; make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or that mitigates the offense; exercise reasonable care to prevent persons who are under the direct supervision of the prosecutor from making an extrajudicial statement that the prosecutor would be prohibited from making under subsection (g) of this Rule; not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: the information sought is not protected from disclosure by any applicable privilege; the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and there is no other feasible alternative to obtain the information. except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused; promptly disclose new, credible, and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted to an appropriate court or authority. If the conviction was obtained in the prosecutor’s jurisdiction, the prosecutor shall promptly disclose that evidence to the defendant unless a court authorizes delay and undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit; seek to remedy a conviction obtained in the prosecutor’s jurisdiction when the prosecutor knows of clear and convincing evidence establishing that a defendant did not commit the offense. The maximum penalty for a violation of this Rule is disbarment. Comment [1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4: Misconduct. [2] Reserved. [3] Reserved. [4] Paragraph (f) is intended to limit the issuance of lawyer subpoenas in grand jury and other criminal proceedings to those situations in which there is a genuine need to intrude into the client-lawyer relationship. [5] Paragraph (g) supplements Rule 3.6: Trial Publicity, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. In the context of a criminal prosecution, a prosecutor's extrajudicial statement can create the additional problem of increasing public condemnation of the accused. Although the announcement of an indictment, for example, will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid comments which have no legitimate law enforcement purpose and have a substantial likelihood of increasing public opprobrium of the accused. Nothing in this Comment is intended to restrict the statements which a prosecutor may make which comply with Rule 3.6 (b) or 3.6 (c): Trial Publicity. [6] Reserved. [7] When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a person outside the prosecutor’s jurisdiction was convicted of a crime that the person did not commit, paragraph (h) requires prompt disclosure to the court or other appropriate authority, such as the chief prosecutor of the jurisdiction where the conviction occurred. If the conviction was obtained in the prosecutor’s jurisdiction, paragraph (h) requires the prosecutor to examine the evidence and undertake further investigation to determine whether the defendant is in fact innocent or make reasonable efforts to cause another appropriate authority to undertake the necessary investigation, and to promptly disclose the evidence to the court and, absent court authorized delay, to the defendant. Consistent with the objectives of Rules 4.2 and 4.3, disclosure to a represented defendant must be made through the defendant’s counsel, and, in the case of an unrepresented defendant, would ordinarily be accompanied by a request to a court for the appointment of counsel to assist the defendant in taking such legal measures as may be appropriate. [8] Under paragraph (i), once the prosecutor knows of clear and convincing evidence that the defendant was convicted of an offense that the defendant did not commit, the prosecutor must seek to remedy the conviction. Necessary steps may include disclosure of the evidence to the defendant, requesting that the court appoint counsel for an unrepresented indigent defendant and, where appropriate, notifying the court that the prosecutor has knowledge that the defendant did not commit the offense of which the defendant was convicted. [9] A prosecutor’s independent judgment, made in good faith, that the new evidence is not of such nature as to trigger the obligations of paragraphs (h) and (i), though subsequently determined to have been erroneous, does not constitute a violation of this Rule. --- CITATION: Ga. R. Prof. Cond. 4.1 TITLE: Truthfulness in Statements to Others CHAPTER: Georgia Rules of Professional Conduct — Transactions With Persons Other Than Clients EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/4.1/ TEXT: Ga. R. Prof. Cond. 4.1. Truthfulness in Statements to Others In the course of representing a client a lawyer shall not knowingly: make a false statement of material fact or law to a third person; or fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6. The maximum penalty for a violation of this Rule is disbarment. Comment Misrepresentation [1] A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by failure to act. Statements of Fact [2] This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Comments which fall under the general category of "puffing "do not violate this rule. Estimates of price or value placed on the subject of a transaction and a party's intentions as to an acceptable settlement of a claim are in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud. Fraud by Client [3] Paragraph (b) recognizes that substantive law may require a lawyer to disclose certain information to avoid being deemed to have assisted the client's crime or fraud. The requirement of disclosure created by this paragraph is, however, subject to the obligations created by Rule 1.6: Confidentiality of Information. --- CITATION: Ga. R. Prof. Cond. 4.2 TITLE: Communication with Person Represented by Counsel CHAPTER: Georgia Rules of Professional Conduct — Transactions With Persons Other Than Clients EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/4.2/ TEXT: Ga. R. Prof. Cond. 4.2. Communication with Person Represented by Counsel A lawyer who is representing a client or proceeding pro se in a matter shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. Attorneys for the State and Federal Government shall be subject to this Rule in the same manner as other attorneys in this State. The maximum penalty for a violation of this Rule is disbarment. Comment [1] This Rule does not prohibit communication with a represented person, or an employee or agent of such a person, concerning matters outside the representation. For example, the existence of a controversy between a government entity and a private party, or between two organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter. Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so. Communications authorized by law include, for example, the right of a party to a controversy with a government entity to speak with government officials about the matter. [2] Communications authorized by law also include constitutionally permissible investigative activities of lawyers representing governmental entities, directly or through investigative agents, prior to the commencement of criminal or civil enforcement proceedings, when there is applicable judicial precedent that either has found the activity permissible under this Rule or has found this Rule inapplicable. However, the Rule imposes ethical restrictions that go beyond those imposed by constitutional provisions. [3] This Rule applies to communications with any person, whether or not a party to a formal adjudicative proceeding, contract or negotiation, who is represented by counsel concerning the matter to which the communication relates. [4A] In the case of an organization, this Rule prohibits communications with an agent or employee of the organization who supervises, directs or regularly consults with the organization's lawyer concerning the matter or has authority to obligate the organization with respect to the matter, or whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability. If an agent or employee of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f). Communication with a former employee of a represented organization is discussed in Formal Advisory Opinion 20-1. [4B] In administering this Rule it should be anticipated that in many instances, prior to the beginning of the interview, the interviewing lawyer will not possess sufficient information to determine whether the relationship of the interviewee to the entity is sufficiently close to place the person in the "represented "category. In those situations the good faith of the lawyer in undertaking the interview should be considered. Evidence of good faith includes an immediate and candid statement of the interest of the person on whose behalf the interview is being taken, a full explanation of why that person's position is adverse to the interests of the entity with which the interviewee is associated, the exploration of the relationship issue at the outset of the interview and the cessation of the interview immediately upon determination that the interview is improper. [5] The prohibition on communications with a represented person only applies, however, in circumstances where the lawyer knows that the person is in fact represented in the matter to be discussed. This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances. See 1.0. Such an inference may arise in circumstances where there is substantial reason to believe that the person with whom communication is sought is represented in the matter to be discussed. Thus, a lawyer cannot evade the requirement of obtaining the consent of counsel by ignoring the obvious. [6] In the event the person with whom the lawyer communicates is not known to be represented by counsel in the matter, the lawyer's communications are subject to Rule 4.3. [6A] A lawyer who is uncertain whether a communication with a represented person is permissible may seek a court order. A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury. [7] The anti-contact rule serves important public interests which preserve the proper functioning of the judicial system and the administration of justice by a) protecting against misuse of the imbalance of legal skill between a lawyer and layperson; b) safe-guarding the client-lawyer relationship from interference by adverse counsel; c) ensuring that all valid claims and defenses are raised in response to inquiry from adverse counsel; d) reducing the likelihood that clients will disclose privileged or other information that might harm their interests; and e) maintaining the lawyer's ability to monitor the case and effectively represent the client. [8] Parties to a matter generally may communicate directly with each other because this Rule is not intended to affect communications between parties to an action entered into independent of and not at the request or direction of counsel. However, a lawyer proceeding pro se in a matter may not communicate about that matter with a person that the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. A lawyer who is represented by counsel and also representing themselves is proceeding pro se within the meaning of this rule. --- CITATION: Ga. R. Prof. Cond. 4.3 TITLE: Dealing with Unrepresented Person CHAPTER: Georgia Rules of Professional Conduct — Transactions With Persons Other Than Clients EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/4.3/ TEXT: Ga. R. Prof. Cond. 4.3. Dealing with Unrepresented Person In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not: state or imply that the lawyer is disinterested; when the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding; and give advice other than the advice to secure counsel, if a lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of a client. The maximum penalty for a violation of this Rule is disbarment. Comment [1] An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. In order to avoid a misunderstanding, a lawyer will typically need to identify the lawyer's client and, where necessary, explain that the client has interests opposed to those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an organization deals with an unrepresented constituent, see Rule 1.13(f). [2] The Rule distinguishes between situations involving unrepresented persons whose interests may be adverse to those of the lawyer's client and those in which the person's interests are not in conflict with the client's. In the former situation, the possibility that the lawyer will compromise the unrepresented persons interests is so great that the Rule prohibits the giving of any advice, apart from the advice to obtain counsel. Whether a lawyer is giving impermissible advice may depend on the experience and sophistication of the unrepresented person, as well as the setting in which the behavior and comments occur. This Rule does not prohibit a lawyer from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer represents an adverse party and is not representing the person, the lawyer may inform the person of the terms on which the lawyer's client will enter into an agreement or settle a matter, prepare documents that require the person's signature and explain the lawyer's own view of the meaning of the document or the lawyer's view of the underlying legal obligations. --- CITATION: Ga. R. Prof. Cond. 4.4 TITLE: Respect for Rights of Third Persons CHAPTER: Georgia Rules of Professional Conduct — Transactions With Persons Other Than Clients EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/4.4/ TEXT: Ga. R. Prof. Cond. 4.4. Respect for Rights of Third Persons In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. A lawyer who receives a document or electronically stored information relating to the representation of the lawyer’s client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons and unwarranted intrusions into privileged relationships. [2] Paragraph (b) recognizes that lawyers sometimes receive a document or electronically stored information that was mistakenly sent or produced by opposing parties or their lawyers. A document or electronically stored information is inadvertently sent when it is accidentally transmitted, such as when an e-mail or letter is misaddressed or a document or electronically stored information is accidentally included with information that was intentionally transmitted. If a lawyer knows or reasonably should know that such a document or electronically stored information was sent inadvertently, then this Rule requires the lawyer to promptly notify the sender in order to permit that person to take protective measures. Whether the lawyer is required to take additional steps, such as returning the document or electronically stored information, is a matter of law beyond the scope of these Rules, as is the question of whether the privileged status of a document or electronically stored information has been waived. Similarly, this Rule does not address the legal duties of a lawyer who receives a document or electronically stored information that the lawyer knows or reasonably should know may have been inappropriately obtained by the sending person. For purposes of this Rule, ‘‘document or electronically stored information’’ includes, in addition to paper documents, e-mail and other forms of electronically stored information, including embedded data (commonly referred to as “metadata”), that is subject to being read or put into readable form. Metadata in electronic documents creates an obligation under this Rule only if the receiving lawyer knows or reasonably should know that the metadata was inadvertently sent to the receiving lawyer. --- CITATION: Ga. R. Prof. Cond. 4.221 TITLE: .1 Confidentiality of Investigatons and Proceedings CHAPTER: Georgia Rules of Professional Conduct — Transactions With Persons Other Than Clients EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/4.221/ TEXT: Ga. R. Prof. Cond. 4.221. .1 Confidentiality of Investigatons and Proceedings The State Bar of Georgia shall maintain as confidential all disciplinary investigations and proceedings pending at the screening or investigative stage, unless otherwise provided by these Rules. After a proceeding under these Rules is filed with the Supreme Court of Georgia, all evidentiary and motions hearings shall be open to the public and all documents and pleadings filed of record shall be public documents, unless the Special Master or the Supreme Court of Georgia orders otherwise. Nothing in these Rules shall prohibit the complainant, respondent, or a third party from disclosing information regarding a disciplinary proceeding, unless otherwise ordered by the Supreme Court of Georgia or a Special Master in proceedings under these Rules. The Office of the General Counsel of the State Bar of Georgia or the State Disciplinary Board may reveal or authorize disclosure of information that would otherwise be confidential under this Rule under the following circumstances: In the event of a charge of wrongful conduct against any member of the State Disciplinary Board, the State Disciplinary Review Board, or any person who is otherwise connected with the disciplinary proceeding in any way, the State Disciplinary Board or its Chair or his designee, may authorize the use of information concerning disciplinary investigations or proceedings to aid in the defense against such charge. In the event the Office of the General Counsel receives information that suggests criminal activity, such information may be revealed to the appropriate criminal prosecutor. In the event of subsequent disciplinary proceedings against a lawyer, the Office of the General Counsel may, in aggravation of discipline in the pending disciplinary case, reveal the imposition of confidential discipline under Rules 4-205 to 4-208 and facts underlying the imposition of discipline. A complainant and/or lawyer representing the complainant shall be notified of the status or disposition of the complaint. When public statements that are false or misleading are made about any otherwise confidential disciplinary case, the Office of the General Counsel may disclose all information necessary to correct such false or misleading statements. The Office of the General Counsel may reveal confidential information to the following persons if it appears that the information may assist them in the discharge of their duties: The Committee on the Arbitration of Attorney Fee Disputes or the comparable body in other jurisdictions; The Trustees of the Clients' Security Fund or the comparable body in other jurisdictions; The Judicial Nominating Commission or the comparable body in other jurisdictions; The Lawyer Assistance Program or the comparable body in other jurisdictions; The Board to Determine Fitness of Bar Applicants or the comparable body in other jurisdictions; The Judicial Qualifications Commission or the comparable body in other jurisdictions; The Executive Committee with the specific approval of the following representatives of the State Disciplinary Board: the Chair, the Vice-Chair, and a third representative designated by the Chair; The Formal Advisory Opinion Board; The Client Assistance Program; The General Counsel Overview Committee; The Unlicensed Practice of Law Department; State, federal, territorial, and non-United States courts and related agencies engaged in a lawful investigation or proceeding related to the discipline or regulation of a lawyer or judge; Or otherwise with specific approval of the following representatives of the State Disciplinary Board: the Chair, the Vice-Chair, and a third representative designated by the Chair. Any information used by the Office of the General Counsel in a proceeding under Rule 4-108 or in a proceeding to obtain a receiver to administer the files of a lawyer, shall not be confidential under this Rule. The Office of the General Counsel may reveal confidential information when required by law or court order. The authority or discretion to reveal confidential information under this Rule shall not constitute a waiver of any evidentiary, statutory or other privilege which may be asserted by the State Bar of Georgia or the State Disciplinary Board under Bar Rules or applicable law. Nothing in this Rule shall prohibit the Office of the General Counsel or the State Disciplinary Board from interviewing potential witnesses or placing the Notice of Investigation out for service by the sheriff or other authorized person. Members of the Office of the General Counsel and State Disciplinary Board may respond to specific inquiries concerning matters that have been made public by the complainant, respondent, or third parties but are otherwise confidential under these Rules by acknowledging the existence and status of the proceeding. The State Bar of Georgia shall not disclose information concerning discipline imposed on a lawyer under prior Supreme Court of Georgia Rules that was confidential when imposed, unless authorized to do so by said prior Rules. --- CITATION: Ga. R. Prof. Cond. 5.1 TITLE: Responsibilities of Partners, Managers and Supervisory Lawyers CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.1/ TEXT: Ga. R. Prof. Cond. 5.1. Responsibilities of Partners, Managers and Supervisory Lawyers A law firm partner as defined in Rule 1.0 (t), and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Georgia Rules of Professional Conduct. A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Georgia Rules of Professional Conduct. A lawyer shall be responsible for another lawyer's violation of the Georgia Rules of Professional Conduct if: the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. The maximum penalty for a violation of this Rule is disbarment. Comment [1] Paragraph (a) applies to lawyers who have managerial authority over the professional work of a firm. See Rule 1.0 (t). This includes members of a partnership, the shareholders in a law firm organized as a professional corporation, and members of other associations authorized to practice law; lawyers having comparable managerial authority in a legal services organization or a law department of an enterprise or government agency; and lawyers who have intermediate managerial responsibilities in a firm. Paragraph (b) applies to lawyers who have supervisory authority over the work of other lawyers in a firm. [2] Paragraph (a) requires lawyers with managerial authority within a firm to make reasonable efforts to establish internal policies and procedures designed to provide reasonable assurance that all lawyers in the firm will conform to the Georgia Rules of Professional Conduct. Such policies and procedures include those designed to detect and resolve conflicts of interest, identify dates by which actions must be taken in pending matters, account for client funds and property and ensure that inexperienced lawyers are properly supervised. [3] Other measures that may be required to fulfill the responsibility prescribed in paragraph (a) can depend on the firm's structure and the nature of its practice. In a small firm of experienced lawyers, informal supervision and periodic review of compliance with the required systems ordinarily will suffice. In a large firm, or in practice situations in which difficult ethical problems frequently arise, more elaborate measures may be necessary. Some firms, for example, have a procedure whereby junior lawyers can make confidential referral of ethical problems directly to a designated senior partner or special committee. See Rule 5.2. Firms, whether large or small, may also rely on continuing legal education in professional ethics. In any event, the ethical atmosphere of a firm can influence the conduct of all its members, and the partners may not assume that all lawyers associated with the firm will inevitably conform to the Rules. [4] Paragraph (c) expresses a general principle of personal responsibility for acts of another. See also Rule 8.4(a) . [5] Paragraph (c)(2) defines the duty of a partner or other lawyer having comparable managerial authority in a law firm, as well as a lawyer who has direct supervisory authority over performance of specific legal work by another lawyer. Whether a lawyer has supervisory authority in particular circumstances is a question of fact. Partners and lawyers with comparable authority have at least indirect responsibility for all work being done by the firm, while a partner or manager in charge of a particular matter ordinarily also has supervisory responsibility for the work of other firm lawyers engaged in the matter. Appropriate remedial action by a partner or managing lawyer would depend on the immediacy of that lawyer's involvement and the seriousness of the misconduct. A supervisor is required to intervene to prevent avoidable consequences of misconduct if the supervisor knows that the misconduct occurred. Thus, if a supervising lawyer knows that a subordinate misrepresented a matter to an opposing party in negotiation, the supervisor as well as the subordinate has a duty to correct the resulting misapprehension. [6] Professional misconduct by a lawyer under supervision could reveal a violation of paragraph (b) on the part of the supervisory lawyer even though it does not entail a violation of paragraph (c) because there was no direction, ratification or knowledge of the violation. [7] Apart from this Rule and Rule 8.4(a), a lawyer does not have disciplinary liability for the conduct of a partner, associate or subordinate. Whether a lawyer may be liable civilly or criminally for another lawyer's conduct is a question of law beyond the scope of these Rules. [8] The duties imposed by this Rule on managing and supervising lawyers do not alter the personal duty of each lawyer in a firm to abide by the Georgia Rules of Professional Conduct. See Rule 5.2(a) . --- CITATION: Ga. R. Prof. Cond. 5.2 TITLE: Responsibilities of a Subordinate Lawyer CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.2/ TEXT: Ga. R. Prof. Cond. 5.2. Responsibilities of a Subordinate Lawyer A lawyer is bound by the Georgia Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person. A subordinate lawyer does not violate the Georgia Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty. The maximum penalty for a violation of this Rule is disbarment. Comment [1] Although a lawyer is not relieved of responsibility for a violation by the fact that the lawyer acted at the direction of a supervisor, that fact may be relevant in determining whether a lawyer had the knowledge required to render conduct a violation of the Rules. For example, if a subordinate filed a frivolous pleading at the direction of a supervisor, the subordinate would not be guilty of a professional violation unless the subordinate knew of the document's frivolous character. [2] When lawyers in a supervisor-subordinate relationship encounter a matter involving professional judgment as to ethical duty, the supervisor may assume responsibility for making the judgment. Otherwise a consistent course of action or position could not be taken. If the question can reasonably be answered only one way, the duty of both lawyers is clear and they are equally responsible for fulfilling it. However, if the question is reasonably arguable, someone has to decide upon the course of action. That authority ordinarily reposes in the supervisor and a subordinate may be guided accordingly. For example, if a question arises whether the interests of two clients conflict under Rule 1.7: Conflict of Interest, the supervisor's reasonable resolution of the question should protect the subordinate professionally if the resolution is subsequently challenged. --- CITATION: Ga. R. Prof. Cond. 5.3 TITLE: Responsibilities Regarding Nonlawyer Assistants CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.3/ TEXT: Ga. R. Prof. Cond. 5.3. Responsibilities Regarding Nonlawyer Assistants With respect to a nonlawyer employed or retained by or associated with a lawyer: a partner, and a lawyer who individually or together with other lawyers possesses managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; a lawyer shall be responsible for conduct of such a person that would be a violation of the Georgia Rules of Professional Conduct if engaged in by a lawyer if: the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action; and a lawyer shall not allow any person who has been suspended or disbarred and who maintains a presence in an office where the practice of law is conducted by the lawyer, to: represent himself or herself as a lawyer or person with similar status; or provide any legal advice to the clients of the lawyer either in person, by telephone or in writing. The maximum penalty for a violation of this rule is disbarment. Comment [1] Lawyers generally employ assistants in their practice, including secretaries, investigators, law student interns, and paraprofessionals. Such assistants, whether employees or independent contractors, act for the lawyer in rendition of the lawyer's professional services. A lawyer should give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. The measures employed in supervising nonlawyers should take account of the fact that they do not have legal training and are not subject to professional discipline. [2] Paragraph (a) requires lawyers with managerial authority within a law firm to make reasonable efforts to establish internal policies and procedures designed to provide reasonable assurance that nonlawyers in the firm will act in a way compatible with the Georgia Rules of Professional Conduct. See Comment [1] to Rule 5.1. Paragraph (b) applies to lawyers who have supervisory authority over the work of a nonlawyer. Paragraph (c) specifies the circumstances in which a lawyer is responsible for conduct of a nonlawyer that would be a violation of the Georgia Rules of Professional Conduct if engaged in by a lawyer. [3] The prohibitions of paragraph (d) are designed to prevent the unauthorized practice of law in a law office by a person who has been suspended or disbarred. A lawyer who allows a suspended or disbarred lawyer to work in a law office must exercise special care to ensure that the former lawyer complies with these rules, and that clients of the firm understand the former lawyer’s role. [4] A lawyer may use nonlawyers outside the firm to assist the lawyer in rendering legal services to the client. When using such assistance outside the firm, a lawyer must make reasonable efforts to ensure that the assistance is provided in a manner that is compatible with the lawyer’s professional obligations. The extent of this obligation will depend upon the circumstances, including the education, experience and reputation of the nonlawyer; the nature of the assistance involved; the terms of any arrangements concerning the protection of client information; and the legal and ethical environments of the jurisdictions in which the services will be performed, particularly with regard to confidentiality. See also Rules 1.1 (Competence), 1.2 (Allocation of authority), 1.4 (Communication with client), 1.6 (Confidentiality of information), 5.4 (a) (Professional independence of a lawyer), and 5.5 (a) (Unauthorized practice of law). When retaining or directing a nonlawyer outside the firm, a lawyer should communicate directions appropriate under the circumstances to give reasonable assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer. [5] Where the client directs the selection of a particular nonlawyer service provider outside the firm, the lawyer ordinarily should agree with the client concerning the allocation of responsibility for monitoring as between the client and the lawyer. See Rule 1.2. When making such an allocation in a matter pending before a tribunal, lawyers and parties may have additional obligations that are a matter of law beyond the scope of these rules. --- CITATION: Ga. R. Prof. Cond. 5.4 TITLE: Professional Independence of a Lawyer CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.4/ TEXT: Ga. R. Prof. Cond. 5.4. Professional Independence of a Lawyer A lawyer or law firm shall not share legal fees with a nonlawyer, except that: an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons; a lawyer or law firm who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price; a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter; a lawyer who undertakes to complete unfinished business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation which fairly represents the services rendered by the deceased lawyer; and a lawyer may pay a referral fee to a bar-operated nonprofit lawyer referral service where such fee is calculated as a percentage of legal fees earned by the lawyer to whom the service has referred a matter pursuant to Rule 7.3: Direct Contact with Prospective Clients. A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services. A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration; a nonlawyer is a corporate director or officer thereof; or a nonlawyer has the right to direct or control the professional judgment of a lawyer. A lawyer may: provide legal services to clients while working with other lawyers or law firms practicing in, and organized under the rules of, other jurisdictions, whether domestic or foreign, that permit nonlawyers to participate in the management of such firms, have equity ownership in such firms, or share in legal fees generated by such firms; and share legal fees arising from such legal services with such other lawyers or law firms to the same extent as the sharing of legal fees is permitted under applicable Georgia Rules of Professional Conduct. The activities permitted under the preceding portion of this paragraph (e) are subject to the following: The association shall not compromise or interfere with the lawyer’s independence of professional judgment, the client-lawyer relationship between the client and the lawyer, or the lawyer’s compliance with these rules; and Nothing in paragraph (e) is intended to affect the lawyer’s obligation to comply with other applicable Rules of Professional Conduct, or to alter the forms in which a lawyer is permitted to practice, including but not limited to the creation of an alternative business structure in Georgia. The maximum penalty for a violation of this rule is disbarment. Comment [1] The provisions of this rule express traditional limitations on sharing fees. These limitations are to protect the lawyer's professional independence of judgment. Where someone other than the client pays the lawyer's fee or salary, or recommends employment of the lawyer, that arrangement does not modify the lawyer's obligation to the client. As stated in paragraph (c), such arrangements should not interfere with the lawyer's professional judgment. [2] The provisions of paragraphs (e) and (f) of this rule are not intended to allow a Georgia lawyer or law firm to create or participate in alternative business structures (ABS) in Georgia. An alternative business structure is a law firm where a nonlawyer is a manager of the firm, or has an ownership-type interest in the firm. A law firm may also be an ABS where another body is a manager of the firm, or has an ownership-type interest in the firm. This rule only allows a Georgia lawyer to work with an ABS outside of the state of Georgia and to share fees for that work. --- CITATION: Ga. R. Prof. Cond. 5.5 TITLE: Unauthorized Practice of Law; Multijurisdictional Practice of Law CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.5/ TEXT: Ga. R. Prof. Cond. 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so. A Domestic Lawyer shall not: except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or hold out to the public or otherwise represent that the Domestic Lawyer is admitted to practice law in this jurisdiction. A Domestic Lawyer, who is not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the Domestic Lawyer, or a person the Domestic Lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the Domestic Lawyer's practice in a jurisdiction in which the Domestic Lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or are not within paragraphs (c) (2) or (c) (3) and arise out of or are reasonably related to the Domestic Lawyer's practice in a jurisdiction in which the Domestic Lawyer is admitted to practice. A Domestic Lawyer, who is not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that: are provided to the Domestic Lawyer's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or are services that the Domestic Lawyer is authorized to provide by federal law or other law of this jurisdiction. A Foreign Lawyer shall not, except as authorized by this Rule or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law, or hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. Such a Foreign Lawyer does not engage in the unauthorized practice of law in this jurisdiction when on a temporary basis the Foreign Lawyer performs services in this jurisdiction that: are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; are in or reasonably related to a pending or potential proceeding before a tribunal held or to be held in a jurisdiction outside the United States if the Foreign Lawyer, or a person the Foreign Lawyer is assisting, is authorized by law or by order of the tribunal to appear in such proceeding or reasonably expects to be so authorized; are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceedings held or to be held in this or another jurisdiction, if the services arise out of or are reasonably related to the Foreign Lawyer's practice in a jurisdiction in which the Foreign Lawyer is admitted to practice; are not within paragraphs (e) (2) or (e) (3) and are performed for a client who resides or has an office in a jurisdiction in which the Foreign Lawyer is authorized to practice to the extent of that authorization; or arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization; or are governed primarily by international law or the law of a non-United States jurisdiction. A Foreign Lawyer who is not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction subject to the following conditions: The services are provided to the Foreign Lawyer's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; and The Foreign Lawyer is and remains in this country in lawful immigration status and complies with all relevant provisions of United States immigration laws. For purposes of the grants of authority found in subsections (e) and (f) above, the Foreign Lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority. A person who is not a member of the State Bar of Georgia, but who is allowed to practice law in Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XXI, Rule 121, Provision Of Legal Services Following Determination Of Major Disaster, may provide legal services in this state to the extent allowed by said Rules. A person who is not a member of the State Bar of Georgia, but who is allowed to practice law in Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XV, Rules 91-95, Student Practice Rule, may provide legal services in this state to the extent allowed by said Rules. A person who is not a member of the State Bar of Georgia, but who is allowed to practice law in Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XVI, Rules 97-103, Law School Graduates, may provide legal services in this state to the extent allowed by said Rules. A person who is not a member of the State Bar of Georgia, but who is allowed to practice law in Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XX, Rules 114-120, Extended Public Service Program, may provide legal services in this state to the extent allowed by said Rules. Any domestic or foreign lawyer who has been admitted to the practice of law in Georgia pro hac vice, pursuant to the Uniform Rules of the various classes of courts in Georgia, shall pay all required fees and costs annually as set forth in those Rules. Failure to pay the annual fee by January 15 of each year of admission pro hac vice will result in a late fee of $100 that must be paid no later than March 1 of that year. Failure to pay the annual fees may result in disciplinary action, and said lawyer may be subject to prosecution under the unauthorized practice of law statutes of this state. The maximum penalty for a violation of this Rule is disbarment. Comment [1] A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Paragraph (a) applies to unauthorized practice of law by a lawyer, whether through the lawyer's direct action or by the lawyer assisting another person. [2] The definition of the practice of law is established by law and varies from one jurisdiction to another. Whatever the definition, limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. This Rule does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See Rule 5.3. [3] A lawyer may provide professional advice and instruction to nonlawyers whose employment requires knowledge of the law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies. Lawyers also may assist independent nonlawyers, such as paraprofessionals, who are authorized by the law of a jurisdiction to provide particular law-related services. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se. [4] Other than as authorized by law or this Rule, a Domestic Lawyer violates paragraph (b) and a Foreign Lawyer violates paragraph (e) if the Domestic or Foreign Lawyer establishes an office or other systematic and continuous presence in this jurisdiction for the practice of law. Presence may be systematic and continuous even if the Domestic or Foreign Lawyer is not physically present here. Such Domestic or Foreign Lawyer must not hold out to the public or otherwise represent that the Domestic or Foreign Lawyer is admitted to practice law in this jurisdiction. See also Rules 7.1(a) and 7.5(b). [5] There are occasions in which a Domestic or Foreign Lawyer, who is not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction under circumstances that do not create an unreasonable risk to the interests of their clients, the public or the courts. Paragraph (c) identifies four such circumstances for the Domestic Lawyer. Paragraph (e) identifies four such circumstances for the Foreign Lawyer. The fact that conduct is not so identified does not imply that the conduct is or is not authorized. With the exception of paragraphs (d)(1) and (d)(2), this Rule does not authorize a Domestic Lawyer to establish an office or other systematic and continuous presence in this jurisdiction without being admitted to practice generally here. [6] There is no single test to determine whether a Domestic or Foreign Lawyer's services are provided on a "temporary basis "in this jurisdiction, and may therefore be permissible under paragraph (c) or paragraph (e). Services may be "temporary "even though the Domestic or Foreign Lawyer provides services in this jurisdiction on a recurring basis, or for an extended period of time, as when the Domestic Lawyer is representing a client in a single lengthy negotiation or litigation. [7] Paragraphs (c) and (d) apply to Domestic Lawyers. Paragraphs (e), (f) and (g) apply to Foreign Lawyers. Paragraphs (c) and (e) contemplate that the Domestic or Foreign Lawyer is authorized to practice in the jurisdiction in which the Domestic or Foreign Lawyer is admitted and excludes a Domestic or Foreign Lawyer who while technically admitted is not authorized to practice, because, for example, the Domestic or Foreign Lawyer is on inactive status. [8] Paragraph (c)(1) recognizes that the interests of clients and the public are protected if a Domestic Lawyer associates with a lawyer licensed to practice in this jurisdiction. Paragraph (e)(1) recognizes that the interests of clients and the public are protected if a Foreign Lawyer associates with a lawyer licensed to practice in this jurisdiction. For these paragraphs to apply, however, the lawyer admitted to practice in this jurisdiction must actively participate in and share responsibility for the representation of the client. [9] Domestic Lawyers not admitted to practice generally in a jurisdiction may be authorized by law or order of a tribunal or an administrative agency to appear before the tribunal or agency. This authority may be granted pursuant to formal rules governing admission pro hac vice or pursuant to informal practice of the tribunal or agency. Under paragraph (c)(2), a Domestic Lawyer does not violate this Rule when the Domestic Lawyer appears before a tribunal or agency pursuant to such authority. To the extent that a court rule or other law of this jurisdiction requires a Domestic Lawyer to obtain admission pro hac vice before appearing before a tribunal or administrative agency, this Rule requires the Domestic Lawyer to obtain that authority. [10] Paragraph (c)(2) also provides that a Domestic Lawyer rendering services in this jurisdiction on a temporary basis does not violate this Rule when the Domestic Lawyer engages in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the Domestic Lawyer is authorized to practice law or in which the Domestic Lawyer reasonably expects to be admitted pro hac vice. Examples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents. Similarly, a Domestic Lawyer may engage in conduct temporarily in this jurisdiction in connection with pending litigation in another jurisdiction in which the Domestic Lawyer is or reasonably expects to be authorized to appear, including taking depositions in this jurisdiction. [11] When a Domestic Lawyer has been or reasonably expects to be admitted to appear before a court or administrative agency, paragraph (c)(2) also permits conduct by lawyers who are associated with that lawyer in the matter, but who do not expect to appear before the court or administrative agency. For example, subordinate Domestic Lawyers may conduct research, review documents, and attend meetings with witnesses in support of the Domestic Lawyer responsible for the litigation. [12] Paragraph (c)(3) permits a Domestic Lawyer, and paragraph (e)(3) permits a Foreign Lawyer, to perform services on a temporary basis in this jurisdiction if those services are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the Domestic or Foreign Lawyer's practice in a jurisdiction in which the Domestic or Foreign Lawyer is admitted to practice. The Domestic Lawyer, however, must obtain admission pro hac vice in the case of a court-annexed arbitration or mediation or otherwise if court rules or law so requires. [13] Paragraph (c)(4) permits a Domestic Lawyer to provide certain legal services on a temporary basis in this jurisdiction that arise out of or are reasonably related to the Domestic Lawyer's practice in a jurisdiction in which the Domestic Lawyer is admitted but are not within paragraphs (c)(2) or (c)(3). These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers. Paragraph (e)(4)(i) permits a Foreign Lawyer to provide certain legal services in this jurisdiction on behalf of a client who resides or has an office in the jurisdiction in which the Foreign Lawyer is authorized to practice. Paragraph (e)(4)(ii) permits a Foreign Lawyer to provide certain legal services on a temporary basis in this jurisdiction that arise out of or are reasonably related to a matter that has a substantial connection to the jurisdiction in which the Foreign Lawyer is authorized to practice. These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers. [14] Paragraphs (c)(3) and (c)(4) require that the services arise out of or be reasonably related to the Domestic Lawyer's practice in a jurisdiction in which the Domestic Lawyer is admitted. Paragraphs (e)(3) and (e)(4)(ii) require that the services arise out of or be reasonably related to the Foreign Lawyer's practice in a jurisdiction in which the Foreign Lawyer is admitted to practice. A variety of factors may evidence such a relationship. These include but are not limited to the following: a. The Domestic or Foreign Lawyer's client may have been previously represented by the Domestic or Foreign Lawyer; or b. The Domestic or Foreign Lawyer's client may be resident in, have an office in, or have substantial contacts with the jurisdiction in which the Domestic or Foreign Lawyer is admitted; or c. The matter, although involving other jurisdictions, may have a significant connection with that jurisdiction in which the Domestic of Foreign Lawyer is admitted; or d. Significant aspects of the Domestic or Foreign Lawyer's work in a specific matter might be conducted in the jurisdiction in which the Domestic or Foreign Lawyer is admitted or another jurisdiction; or e. A significant aspect of a matter may involve the law of the jurisdiction in which the Domestic or Foreign Lawyer is admitted; or f. Some aspect of the matter may be governed by international law or the law of a non-United State jurisdiction; or g. The Lawyer's work on the specific matter in this jurisdiction is authorized by the jurisdiction in which the lawyer is admitted; or h. The client's activities or the legal issues involve multiple jurisdictions, such as when the officers of a multinational corporation survey potential business sites and seek the services of their Domestic or Foreign Lawyer in assessing the relative merits of each; or i. The services may draw on the Domestic or Foreign Lawyer's recognized expertise developed through the regular practice of law on behalf of clients in matters involving a particular body of federal, nationally-uniform, foreign, or international law. [15] Paragraph (d) identifies two circumstances in which a Domestic Lawyer, who is not disbarred or suspended from practice in any jurisdiction, may establish an office or other systematic and continuous presence in this jurisdiction for the practice of law as well as provide legal services on a temporary basis. Except as provided in paragraphs (d)(1) and (d)(2), a Domestic Lawyer who establishes an office or other systematic or continuous presence in this jurisdiction must become admitted to practice law generally in this jurisdiction. [16] Paragraph (d)(1) applies to a Domestic Lawyer who is employed by a client to provide legal services to the client or its organizational affiliates, i.e., entities that control, are controlled by, or are under common control with the employer. This paragraph does not authorize the provision of personal legal services to the employer's officers or employees. The paragraph applies to in-house corporate lawyers, government lawyers and others who are employed to render legal services to the employer. The Domestic Lawyer's ability to represent the employer outside the jurisdiction in which the Domestic Lawyer is licensed generally serves the interests of the employer and does not create an unreasonable risk to the client and others because the employer is well situated to assess the Domestic Lawyer's qualifications and the quality of the Domestic Lawyer's work. [17] If an employed Domestic Lawyer establishes an office or other systematic presence in this jurisdiction for the purpose of rendering legal services to the employer, the Domestic Lawyer may be subject to registration or other requirements, including assessments for client protection funds and mandatory continuing legal education. [18] Paragraph (d)(2) recognizes that a Domestic Lawyer may provide legal services in a jurisdiction in which the Domestic Lawyer is not licensed when authorized to do so by federal or other law, which includes statute, court rule, executive regulation or judicial precedent. Paragraph (e)(4)(iii) recognizes that a Foreign Lawyer may provide legal services when the services provided are governed by international law or the law of a foreign jurisdiction. [19] A Domestic or Foreign Lawyer who practices law in this jurisdiction pursuant to paragraphs (c), (d), (e) or (f) or otherwise is subject to the disciplinary authority of this jurisdiction. See Rule 8.5(a). [20] In some circumstances, a Domestic Lawyer who practices law in this jurisdiction pursuant to paragraphs (c) or (d) may have to inform the client that the Domestic Lawyer is not licensed to practice law in this jurisdiction. For example, that may be required when the representation occurs primarily in this jurisdiction and requires knowledge of the law of this jurisdiction. See Rule 1.4. [21] Paragraphs (c), (d), (e) and (f) do not authorize communications advertising legal services to prospective clients in this jurisdiction by Domestic or Foreign Lawyers who are admitted to practice in other jurisdictions. Whether and how Domestic or Foreign Lawyers may communicate the availability of their services to prospective clients in this jurisdiction is governed by Rules 7.1 to 7.5. --- CITATION: Ga. R. Prof. Cond. 5.6 TITLE: Restrictions on Right to Practice CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.6/ TEXT: Ga. R. Prof. Cond. 5.6. Restrictions on Right to Practice A lawyer shall not participate in offering or making: a partnership or employment agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a controversy between private parties. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] An agreement restricting the right of partners or associates to practice after leaving a firm not only limits their professional autonomy but also limits the freedom of clients to choose a lawyer. Paragraph (a) prohibits such agreements except for restrictions incident to provisions concerning retirement benefits for service with the firm. [2] Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client. [3] This Rule does not apply to prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 1.17: Sale of Law Practice. --- CITATION: Ga. R. Prof. Cond. 5.7 TITLE: Responsibilities Regarding Law-related Services CHAPTER: Georgia Rules of Professional Conduct — Law Firms and Associations EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/5.7/ TEXT: Ga. R. Prof. Cond. 5.7. Responsibilities Regarding Law-related Services A lawyer shall be subject to the Georgia Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided: by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or by a separate entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services of the separate entity are not legal services and that the protections of the client-lawyer relationship do not exist. The term "law-related services "denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] When a lawyer performs law-related services or controls an organization that does so, there exists the potential for ethical problems. Principal among these is the possibility that the person for whom the law-related services are performed fails to understand that the services may not carry with them the protections normally afforded as part of the client-lawyer relationship. The recipient of the law-related services may expect, for example, that the protection of client confidences, prohibitions against representation of persons with conflicting interests, and obligations of a lawyer to maintain professional independence apply to the provision of law-related services when that may not be the case. [2] Rule 5.7: Restrictions Regarding Law-Related Services applies to the provision of law-related services by a lawyer even when the lawyer does not provide any legal services to the person for whom the law-related services are performed. The Rule identifies the circumstances in which all of the Georgia Rules of Professional Conduct apply to the provision of law-related services. Even when those circumstances do not exist, however, the conduct of a lawyer involved in the provision of law-related services is subject to those Rules that apply generally to lawyer conduct, regardless of whether the conduct involves the provision of legal services. See, e.g., Rule 8.4: Misconduct. [3] When law-related services are provided by a lawyer under circumstances that are distinct from the lawyer's provision of legal services to clients, the lawyer in providing the law-related services need not adhere to the requirements of the Georgia Rules of Professional Conduct as provided in Rule 5.7(a)(1): Restrictions Regarding Law-Related Services. [4] Law-related services also may be provided through an entity that is distinct from that through which the lawyer provides legal services. If the lawyer individually or with others has control of such an entity's operations, the Rule requires the lawyer to take reasonable measures to assure that each person using the services of the entity knows that the services provided by the entity are not legal services and that the Georgia Rules of Professional Conduct that relate to the client-lawyer relationship do not apply. A lawyer's control of an entity extends to the ability to direct its operation. Whether a lawyer has such control will depend upon the circumstances of the particular case. [5] When a client-lawyer relationship exists with a person who is referred by a lawyer to a separate law-related service entity controlled by the lawyer, individually or with others, the lawyer must comply with Rule 1.8(a): Conflict of Interest. [6] In taking the reasonable measures referred to in paragraph (a)(2) to assure that a person using law-related services understands the practical effect or significance of the inapplicability of the Georgia Rules of Professional Conduct, the lawyer should communicate to the person receiving the law-related services, in a manner sufficient to assure that the person understands the significance of the fact, that the relationship of the person to the business entity will not be a client-lawyer relationship. The communication should be made before entering into an agreement for provision of or providing law-related services, and preferably should be in writing. [7] The burden is upon the lawyer to show that the lawyer has taken reasonable measures under the circumstances to communicate the desired understanding. For instance, a sophisticated user of law-related services, such as a publicly held corporation, may require a lesser explanation than someone unaccustomed to making distinctions between legal services and law-related services, such as an individual seeking tax advice from a lawyer-accountant or investigative services in connection with a lawsuit. [8] Regardless of the sophistication of potential recipients of law-related services, a lawyer should take special care to keep separate the provision of law-related and legal services in order to minimize the risk that the recipient will assume that the law-related services are legal services. The risk of such confusion is especially acute when the lawyer renders both types of services with respect to the same matter. Under some circumstances the legal and law-related services may be so closely entwined that they cannot be distinguished from each other, and the requirement of disclosure and consultation imposed by paragraph (a)(2) of the Rule cannot be met. In such a case a lawyer will be responsible for assuring that both the lawyer's conduct and, to the extent required by Rule 5.3: Responsibilities Regarding Nonlawyer Assistants, that of nonlawyer employees in the distinct entity which the lawyer controls complies in all respects with the Georgia Rules of Professional Conduct. [9] A broad range of economic and other interests of clients may be served by lawyers' engaging in the delivery of law-related services. Examples of law-related services include providing title insurance, financial planning, accounting, trust services, real estate counseling, legislative lobbying, economic analysis, social work, psychological counseling, tax preparation, and patent, medical or environmental consulting. [10] When a lawyer is obliged to accord the recipients of such services the protections of those Rules that apply to the client-lawyer relationship, the lawyer must take special care to heed the proscriptions of the Rules addressing conflict of interest (Rules 1.7 through 1.11, especially Rules 1.7(b) and 1.8(a),(b) and (f)), and to scrupulously adhere to the requirements of Rule 1.6: Confidentiality of Information relating to disclosure of confidential information. The promotion of the law-related services must also in all respects comply with Rules 7.1 through 7.3, dealing with advertising and solicitation. In that regard, lawyers should take special care to identify the obligations that may be imposed as a result of a jurisdiction's decisional law. [11] When the full protections of all of the Georgia Rules of Professional Conduct do not apply to the provision of law-related services, principles of law external to the Rules, for example, the law of principal and agent, govern the legal duties owed to those receiving the services. Those other legal principles may establish a different degree of protection for the recipient with respect to confidentiality of information, conflicts of interest and permissible business relationships with clients. See also Rule 8.4: Misconduct. --- CITATION: Ga. R. Prof. Cond. 6.1 TITLE: Voluntary Pro Bono Public Service CHAPTER: Georgia Rules of Professional Conduct — Public Service EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/6.1/ TEXT: Ga. R. Prof. Cond. 6.1. Voluntary Pro Bono Public Service A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should: provide a substantial portion of the (50) hours of legal services without fee or expectation of fee to: persons of limited means; or charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means; and provide any additional services through: delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate; delivery of legal services at a substantially reduced fee to persons of limited means; or participation in activities for improving the law, the legal system or the legal profession. In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. No reporting rules or requirements may be imposed without specific permission of the Supreme Court granted through amendments to these Rules. There is no disciplinary penalty for a violation of this Rule. Comment [1] Every lawyer, regardless of professional prominence or professional work load, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. The American Bar Association urges all lawyers to provide a minimum of 50 hours of pro bono services annually. States, however, may decide to choose a higher or lower number of hours of annual service (which may be expressed as a percentage of a lawyer's professional time) depending upon local needs and local conditions. It is recognized that in some years a lawyer may render greater or fewer hours than the annual standard specified, but during the course of his or her legal career, each lawyer should render on average per year, the number of hours set forth in this Rule. Services can be performed in civil matters or in criminal or quasi-criminal matters for which there is no government obligation to provide funds for legal representation, such as post-conviction death penalty appeal cases. [2] Paragraphs (a)(1) and (2) recognize the critical need for legal services that exists among persons of limited means by providing that a substantial majority of the legal services rendered annually to the disadvantaged be furnished without fee or expectation of fee. Legal services under these paragraphs consist of a full range of activities, including individual and class representation, the provision of legal advice, legislative lobbying, administrative rule making and the provision of free training or mentoring to those who represent persons of limited means. The variety of these activities should facilitate participation by government lawyers, even when restrictions exist on their engaging in the outside practice of law. [3] Persons eligible for legal services under paragraphs (a)(1) and (2) are those who qualify for participation in programs funded by the Legal Services Corporation and those whose incomes and financial resources are slightly above the guidelines utilized by such programs but who nevertheless cannot afford counsel. Legal services can be rendered to individuals or to organizations such as homeless shelters, battered women's centers and food pantries that serve those of limited means. The term "governmental organizations "includes, but is not limited to, public protection programs and sections of governmental or public sector agencies. [4] Because service must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected, but the award of statutory lawyers' fees in a case originally accepted as pro bono would not disqualify such services from inclusion under this section. Lawyers who do receive fees in such cases are encouraged to contribute an appropriate portion of such fees to organizations or projects that benefit persons of limited means. [5] While it is possible for a lawyer to fulfill the annual responsibility to perform pro bono services exclusively through activities described in paragraphs (a)(1) and (2), to the extent that any hours of service remain unfulfilled, the remaining commitment can be met in a variety of ways as set forth in paragraph (b). Constitutional, statutory or regulatory restrictions may prohibit or impede government and public sector lawyers and judges from performing the pro bono services outlined in paragraphs (a)(1) and (2). Accordingly, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in paragraph (b). [6] Paragraph (b)(1) includes the provision of certain types of legal services to those whose incomes and financial resources place them above limited means. It also permits the pro bono lawyer to accept a substantially reduced fee for services. Examples of the types of issues that may be addressed under this paragraph include First Amendment claims, Title VII claims and environmental protection claims. Additionally, a wide range of organizations may be represented, including social service, medical research, cultural and religious groups. [7] Paragraph (b)(2) covers instances in which lawyers agree to and receive a modest fee for furnishing legal services to persons of limited means. Participation in judicare programs and acceptance of court appointments in which the fee is substantially below a lawyer's usual rate are encouraged under this section. [8] Paragraph (b)(3) recognizes the value of lawyers engaging in activities that improve the law, the legal system or the legal profession. Serving on bar association committees, serving on boards of pro bono or legal services programs, taking part in Law Day activities, acting as a continuing legal education instructor, a mediator or an arbitrator and engaging in legislative lobbying to improve the law, the legal system or the profession are a few examples of the many activities that fall within this paragraph. [9] Because the provision of pro bono services is a professional responsibility, it is the individual ethical commitment of each lawyer. Nevertheless, there may be times when it is not feasible for a lawyer to engage in pro bono services. At such times a lawyer may discharge the pro bono responsibility by providing financial support to organizations providing free legal services to persons of limited means. Such financial support should be reasonably equivalent to the value of the hours of service that would have otherwise been provided. In addition, at times it may be more feasible to satisfy the pro bono responsibility collectively, as by a firm's aggregate pro bono activities. [10] Because the efforts of individual lawyers are not enough to meet the need for free legal services that exists among persons of limited means, the government and the profession have instituted additional programs to provide those services. Every lawyer should financially support such programs, in addition to either providing direct pro bono services or making financial contributions when pro bono service is not feasible. [11] The responsibility set forth in this Rule is not intended to be enforced through disciplinary process. --- CITATION: Ga. R. Prof. Cond. 6.2 TITLE: Accepting Appointments CHAPTER: Georgia Rules of Professional Conduct — Public Service EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/6.2/ TEXT: Ga. R. Prof. Cond. 6.2. Accepting Appointments For good cause a lawyer may seek to avoid appointment by a tribunal to represent a person. There is no disciplinary penalty for a violation of this Rule. Comment [1] A lawyer ordinarily is not obliged to accept a client whose character or cause the lawyer regards as repugnant. The lawyer's freedom to select clients is, however, qualified. All lawyers have a responsibility to assist in providing pro bono publico service. See Rule 6.1: Voluntary Pro Bono Publico Service. An individual lawyer fulfills this responsibility by accepting a fair share of unpopular matters or indigent or unpopular clients. A lawyer may also be subject to appointment by a court to serve unpopular clients or persons unable to afford legal services. Appointed Counsel [2] For good cause a lawyer may seek to decline an appointment to represent a person who cannot afford to retain counsel or whose cause is unpopular. Good cause exists if the lawyer could not handle the matter competently, see Rule 1.1: Competence, or if undertaking the representation would result in an improper conflict of interest, for example, when the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client. A lawyer may also seek to decline an appointment if acceptance would be unreasonably burdensome, for example, when it would impose a financial sacrifice so great as to be unjust. [3] An appointed lawyer has the same obligations to the client as retained counsel, including the obligations of loyalty and confidentiality, and is subject to the same limitations on the client-lawyer relationship, such as the obligation to refrain from assisting the client in violation of the Rules. [4] This Rule is not intended to be enforced through disciplinary process. --- CITATION: Ga. R. Prof. Cond. 6.3 TITLE: Membership in Legal Services Organization CHAPTER: Georgia Rules of Professional Conduct — Public Service EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/6.3/ TEXT: Ga. R. Prof. Cond. 6.3. Membership in Legal Services Organization A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization: if participating in the decision or action would be incompatible with the lawyer's obligations to a client under Rule 1.7; or where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer. There is no disciplinary penalty for a violation of this Rule. Comment [1] Lawyers should be encouraged to support and participate in legal service organizations. A lawyer who is an officer or a member of such an organization does not thereby have a client-lawyer relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the lawyer's clients. If the possibility of such conflict disqualified a lawyer from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed. [2] It may be necessary in appropriate cases to reassure a client of the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances. --- CITATION: Ga. R. Prof. Cond. 6.4 TITLE: Law Reform Activities Affecting Client Interests CHAPTER: Georgia Rules of Professional Conduct — Public Service EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/6.4/ TEXT: Ga. R. Prof. Cond. 6.4. Law Reform Activities Affecting Client Interests A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client. There is no disciplinary penalty for a violation of this Rule. Comment [1] Lawyers involved in organizations seeking law reform generally do not have a client-lawyer relationship with the organization. See also Rule 1.2(b): Scope of Representation. Without this Rule, it might follow that a lawyer could not be involved in a bar association law reform program that might indirectly affect a client. For example, a lawyer specializing in antitrust litigation might be regarded as disqualified from participating in drafting revisions of rules governing that subject. In determining the nature and scope of participation in such activities, a lawyer should be mindful of obligations to clients under other Rules, particularly Rule 1.7: Conflict of Interest. A lawyer is professionally obligated to protect the integrity of the program by making an appropriate disclosure within the organization when the lawyer knows a private client might be materially benefited. --- CITATION: Ga. R. Prof. Cond. 6.5 TITLE: Nonprofit and Court-Annexed Limited Legal Services Programs CHAPTER: Georgia Rules of Professional Conduct — Public Service EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/6.5/ TEXT: Ga. R. Prof. Cond. 6.5. Nonprofit and Court-Annexed Limited Legal Services Programs A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client, normally through a one-time consultation, without expectation by either lawyer or the client that the lawyer will provide continuing representation in the matter and without expectation that the lawyer will receive a fee from the client for the services provided: is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter. Except as provided by paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule. The recipient of the consultation authorized under paragraph (a) is, for purposes of Rule 1.9, a former client of the lawyer providing the service, but that lawyer's disqualification is not imputed to lawyers associated with the lawyer for purposes of Rule 1.10. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] Legal services organizations, courts and various nonprofit organizations have established programs through which lawyers provide short-term limited legal services—such as consultation clinics for advice or help with the completion of legal forms—that will assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics or pro se counseling programs, a client-lawyer relationship is established, but there is no expectation that the lawyer's representation of the client will continue beyond the limited consultation. Such programs are normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 1.7, 1.9 and 1.10. [2] A lawyer who provides free short-term limited legal services pursuant to this Rule must secure the client's informed consent to the limited scope of the representation. See Rule 1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this Rule, the Rules of Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to the limited representation. [3] Because a lawyer who is representing a client in the circumstances addressed by this Rule ordinarily is not able to check systematically for conflicts of interest, paragraph (a) requires compliance with Rules 1.7 or 1.9(a) only if the lawyer knows that the representation presents a conflict of interest for the lawyer, and with Rule 1.10 only if the lawyer knows that another lawyer in the lawyer's firm is disqualified by Rules 1.7 or 1.9(a) in the matter. [4] Because the limited nature of services significantly reduces the risk of conflicts of interest with other matters being handled by the lawyer's firm, paragraph (b) provides that Rule 1.10 is inapplicable to a representation governed by this Rule except as provided by paragraph (a)(2). Paragraph (a)(2) requires the participating lawyer to comply with Rule 1.10 when the lawyer knows that the lawyer's firm is disqualified by Rules 1.7 or 1.9(a). By virtue of paragraph (b), however, a lawyer's participation in a short-term limited legal services program will not preclude the lawyer's firm from undertaking or continuing the representation of a client with interests adverse to a client being represented under the program's auspices. Nor will the personal disqualification of a lawyer participating in the program be imputed to other lawyers participating in the program. [5] If, after commencing a short-term limited representation in accordance with this Rule, a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 1.7, 1.9(a) and 1.10 become applicable. --- CITATION: Ga. R. Prof. Cond. 7.1 TITLE: Communications Concerning a Lawyer's Services CHAPTER: Georgia Rules of Professional Conduct — Information About Legal Services EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/7.1/ TEXT: Ga. R. Prof. Cond. 7.1. Communications Concerning a Lawyer's Services A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law or omits a fact necessary to make the statement considered as a whole not materially misleading. The maximum penalty for a violation of this rule is disbarment. Comment [1] This Rule governs all communications about a lawyer's services including advertising. Whatever means are used to make known a lawyer's services, statements about them must be truthful. [2] Misleading truthful statements are prohibited by this Rule. A truthful statement is misleading if it omits a fact necessary to make the lawyer's communication considered as a whole not materially misleading. A truthful statement is misleading if a substantial likelihood exists that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation. A truthful statement is also misleading if presented in a way that creates a substantial likelihood that a reasonable person would believe the lawyer's communication requires that person to take further action when, in fact, no action is required. [3] A communication that truthfully reports a lawyer's achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case. Similarly, an unsubstantiated claim about a lawyer's or law firm's services or fees, or an unsubstantiated comparison of the lawyer's or law firm's services or fees with those of other lawyers or law firms, may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison or claim can be substantiated. The inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public. [4] It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation. Rule 8. 4 (a) (4). See also Rule 8. 4 (a) (6) for the prohibition against stating or implying an ability to improperly influence a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law. [5] Firm names, letterhead, and professional designations are communications concerning a lawyer's services. A firm may be designated by the names of all or some of its current members, by the names of retired or deceased members where there has been a succession in the firm's identity or by a trade name if it is not false or misleading. A lawyer or law firm also may be designated by a distinctive website address, social media username or comparable professional designation that is not misleading. A law firm name or designation is misleading if it implies a connection with a government agency, with a deceased lawyer who was not a former member of the firm, with a lawyer not associated with the firm or a predecessor firm, with a nonlawyer or with a public or charitable legal services organization. If a firm uses a trade name that includes a geographical name, such as "Springfield Legal Clinic," an express statement explaining that it is not a public legal aid organization may be required to avoid a misleading implication. [6] A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction. [7] Lawyers may not imply or hold themselves out as practicing together in one firm when they are not a firm, as defined in Rule 1.0 (i), because to do so would be false and misleading. --- CITATION: Ga. R. Prof. Cond. 7.2 TITLE: Communications Concerning a Lawyer's Services: Specific Rules CHAPTER: Georgia Rules of Professional Conduct — Information About Legal Services EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/7.2/ TEXT: Ga. R. Prof. Cond. 7.2. Communications Concerning a Lawyer's Services: Specific Rules A lawyer may communicate information regarding the lawyer's services through the media. A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer's services except that a lawyer may: pay the reasonable costs of advertisements or communications permitted by this Rule; pay the usual and reasonable fees or dues charged by a lawyer referral service, if the service does not engage in conduct that would violate the Rules if engaged in by a lawyer; pay the usual and reasonable fees or dues charged by a bar-operated nonprofit referral service, including a fee which is calculated as a percentage of the legal fees earned by the lawyer to whom the service has referred a matter, provided such bar-operated nonprofit lawyer referral service meets the following criteria: the lawyer referral service shall be operated in the public interest for the purpose of referring prospective clients to lawyers, pro bono and public service legal programs, and government, consumer or other agencies who can provide the assistance the clients need. Such organization shall file annually with the Office of the General Counsel a report showing its rules and regulations, its subscription charges, agreements with counsel, the number of lawyers participating and the names and addresses of the lawyers participating in the service; the sponsoring bar association for the lawyer referral service must be open to all lawyers licensed and eligible to practice in this state who maintain an office within the geographical area served, and who meet reasonable objectively determinable experience requirements established by the bar association; the combined fees charged by a lawyer and the lawyer referral service to a client referred by such service shall not exceed the total charges which the client would have paid had no service been involved; and a lawyer who is a member of the qualified lawyer referral service must maintain in force a policy of errors and omissions insurance in an amount no less than $100,000 per occurrence and $300,000 in the aggregate; pay the usual and reasonable fees to a qualified legal services plan or insurer providing legal services insurance as authorized by law to promote the use of the lawyer's services, or the lawyer's partner or associate's services, so long as the communications of the organization are not false, fraudulent, deceptive or misleading; pay for a law practice in accordance with Rule 1.17; refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if: the reciprocal referral agreement is not exclusive; and the client is informed of the existence and nature of the agreement; give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services. A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer who is a specialist in a particular field of law by experience, specialized training or education, or is certified by a recognized and bona fide professional entity, may communicate such specialty or certification so long as the statement is not false or misleading. Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content. The maximum penalty for a violation of this Rule is disbarment. Comment [1] This Rule permits public dissemination of information concerning a lawyer's or law firm's name, address, e-mail address, website, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance. Paying Others to Recommend a Lawyer [2] Except as permitted under paragraphs (b) (1)-(b) (7), lawyers are not permitted to pay others for recommending the lawyer's services. A communication contains a recommendation if it endorses or vouches for a lawyer's credentials, abilities, competence, character, or other professional qualities. Directory listings and group advertisements that list lawyers by practice area, without more, do not constitute impermissible "recommendations." [3] Paragraph (b) (1) allows a lawyer to pay for advertising and communications permitted by this Rule, including the costs of print directory listings, on-line directory listings, newspaper ads, television and radio airtime, domain-name registrations, sponsorship fees, Internet-based advertisements, and group advertising. A lawyer may compensate employees, agents and vendors who are engaged to provide marketing or client development services, such as publicists, public-relations personnel, business-development staff, television and radio station employees or spokespersons and website designers. [4] Paragraph (b) (7) permits lawyers to give nominal gifts as an expression of appreciation to a person for recommending the lawyer's services or referring a prospective client. The gift may not be more than a token item as might be given for holidays, or other ordinary social hospitality. A gift is prohibited if offered or given in consideration of any promise, agreement or understanding that such a gift would be forthcoming or that referrals would be made or encouraged in the future. [5] A lawyer may pay others for generating client leads, such as Internet-based client leads, as long as the lead generator does not recommend the lawyer, any payment to the lead generator is consistent with Rules 1.5 (f) (division of fees) and 5.4 (professional independence of the lawyer), and the lead generator's communications are consistent with Rule 7.1 (communications concerning a lawyer's services). To comply with Rule 7.1, a lawyer must not pay a lead generator that states, implies, or creates a reasonable impression that it is recommending the lawyer, is making the referral without payment from the lawyer, or has analyzed a person's legal problems when determining which lawyer should receive the referral. See Comment [2] (definition of "recommendation'). See also Rule 5.3 (duties of lawyers and law firms with respect to the conduct of nonlawyers); Rule 8.4 (a) (1) (duty to avoid violating the rules through the acts of another). [6] A lawyer may pay the usual charges of a legal service plan or a lawyer referral service. A legal service plan is a prepaid or group legal service plan or a similar delivery system that assists people who seek to secure legal representation. A lawyer referral service, on the other hand, is any organization that holds itself out to the public as a lawyer referral service. [7] A lawyer who accepts assignments or referrals from a legal service plan or referrals from a lawyer referral service must act reasonably to assure that the activities of the plan or service are compatible with the lawyer's professional obligations. Legal service plans and lawyer referral services may communicate with the public, but such communication must be in conformity with these Rules. Thus, advertising must not be false or misleading, as would be the case if the communications of a group advertising program or a group legal service plan would mislead the public to think that it was a lawyer referral service sponsored by a state agency or a bar association. [8] A lawyer also may agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer. Such reciprocal referral arrangements must not interfere with the lawyer's professional judgment as to making referrals or as to providing substantive legal services. See Rules 2.1 and 5.4 (c). Except as provided in Rule 1.5 (e), a lawyer who receives referrals from a lawyer or nonlawyer professional must not pay anything solely for the referral, but the lawyer does not violate paragraph (b) of this Rule by agreeing to refer clients to the other lawyer or nonlawyer professional, so long as the reciprocal referral agreement is not exclusive and the client is informed of the referral agreement. Conflicts of interest created by such arrangements are governed by Rule 1.7. Reciprocal referral agreements should not be of indefinite duration and should be reviewed periodically to determine whether they comply with these Rules. This Rule does not restrict referrals or divisions of revenues or net income among lawyers within firms comprised of multiple entities. Communications about Fields of Practice [9] Paragraph (c) of this Rule permits a lawyer to communicate that the lawyer does or does not practice in particular areas of law. A lawyer is generally permitted to state that the lawyer "concentrates in" or is a "specialist," practices a "specialty," or "specializes in" particular fields based on the lawyer's experience, specialized training or education, but such communications are subject to the "false and misleading" standard applied in Rule 7.1 to communications concerning a lawyer's services. [10] The Patent and Trademark Office has a long-established policy of designating lawyers practicing before the Office. The designation of Admiralty practice also has a long historical tradition associated with maritime commerce and the federal courts. A lawyer's communications about these practice areas are not prohibited by this Rule. Required Contact Information [11] This Rule requires that any communication about a lawyer or law firm's services include the name of, and contact information for, the lawyer or law firm. Contact information includes a website address, a telephone number, an e-mail address or a physical office location. --- CITATION: Ga. R. Prof. Cond. 7.3 TITLE: Solicitation of Clients CHAPTER: Georgia Rules of Professional Conduct — Information About Legal Services EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/7.3/ TEXT: Ga. R. Prof. Cond. 7.3. Solicitation of Clients "Solicitation" or "solicit" denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter. A lawyer shall not solicit professional employment by live person-to-person contact when a significant motive for the lawyer's doing so is the lawyer's or law firm's pecuniary gain, unless the contact is with a: lawyer; person who has a family, close personal, or prior business or professional relationship with the lawyer or law firm; or person who routinely uses for business purposes the type of legal services offered by the lawyer. A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; the solicitation involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence; the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless the accident or disaster occurred more than 30 days prior to the communication; or the lawyer knows or reasonably should know that the physical, emotional or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer. This Rule does not prohibit communications authorized by law or ordered by a court or other tribunal. Notwithstanding the prohibitions in this Rule, a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses live person-to-person contact to enroll members or sell subscriptions for the plan to individuals who are not known to need legal services in a particular matter covered by the plan. The maximum penalty for a violation of this Rule is disbarment. Comment [1] Paragraph (b) prohibits a lawyer from soliciting professional employment by live person-to-person contact when significant motive for the lawyer's doing so is the lawyer's or the law firm's pecuniary gain. A lawyer's communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or television commercial, or if it is in response to a request for information or is automatically generated in response to electronic searches. [2] "Live person-to-person contact" means in-person, face-to-face, live telephone and other real-time visual or auditory person-to-person communications where the person is subject to a direct personal encounter without time for reflection. Such person-to-person contact does not include chat rooms, text messages or other written communications that recipients may easily disregard. A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known to be in need of legal services. This form of contact subjects a person to the private importuning of the trained advocate in a direct interpersonal encounter. The person, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult to fully evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer's presence and insistence upon an immediate response. The situation is fraught with the possibility of undue influence. [3] The potential for overreaching inherent in live person-to-person contact justifies its prohibition, since lawyers have alternative means of conveying necessary information. In particular, communications can be mailed or transmitted by email or other electronic means that do not violate other laws. These forms of communications make it possible for the public to be informed about the need for legal services, and about the qualifications of available lawyers and law firms, without subjecting the public to live person-to-person persuasion that may overwhelm a person's judgment. [4] The contents of live person-to-person contact can be disputed and may not be subject to third-party scrutiny. Consequently, they are much more likely to approach (and occasionally cross) the dividing line between accurate representation and representation that is false and misleading. [5] There is far less likelihood that a lawyer would engage in overreaching against a former client, or a person with whom the lawyer has a close personal, family, business or professional relationship, or in situations in which the lawyer is motivated by considerations other than the lawyer's pecuniary gain. Nor is there a serious potential for overreaching when the person contacted is a lawyer or is known to routinely use the type of legal services involved for business purposes. Examples include persons who routinely hire outside counsel to represent the entity; entrepreneurs who regularly engage business, employment law or intellectual property lawyers; small business proprietors who routinely hire lawyers for lease or contract issues; and other people who routinely retain lawyers for business transactions or formations. Paragraph (b) is not intended to prohibit a lawyer from participating in constitutionally protected activities of public or charitable legal-service organizations or bona fide political, social, civic, fraternal, employee or trade organizations whose purposes include providing or recommending legal services to their members or beneficiaries. [6] A solicitation that contains false or misleading information within the meaning of Rule 7.1, that involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence within the meaning of Rule 7.3 (c) (2), or that involves contact with someone who has made known to the lawyer a desire not to be solicited by the lawyer within the meaning of Rule 7.3 (c) (1) is prohibited. Live, person-to-person contact of individuals who may be especially vulnerable to coercion or duress is ordinarily not appropriate, for example, the elderly, those whose first language is not English, or the disabled. [7] This Rule does not prohibit a lawyer from contacting representatives of organizations or groups that may be interested in establishing a group or prepaid legal plan for their members, insureds, beneficiaries or other third parties for the purpose of informing such entities of the availability of and details concerning the plan or arrangement which the lawyer or lawyer's firm is willing to offer. This form of communication is not directed to people who are seeking legal services for themselves. Rather, it is usually addressed to an individual acting in a fiduciary capacity seeking a supplier of legal services for others who may, if they choose, become prospective clients of the lawyer. Under these circumstances, the activity which the lawyer undertakes in communicating with such representatives and the type of information transmitted to the individual are functionally similar to and serve the same purpose as advertising permitted under Rule 7.2. [8] Communications authorized by law or ordered by a court or tribunal include a notice to potential members of a class in class action litigation. [9] Paragraph (e) of this Rule permits a lawyer to participate with an organization which uses personal contact to enroll members for its group or prepaid legal service plan, provided that the personal contact is not undertaken by any lawyer who would be a provider of legal services through the plan. The organization must not be owned by or directed (whether as manager or otherwise) by any lawyer or law firm that participates in the plan. For example, paragraph (e) would not permit a lawyer to create an organization controlled directly or indirectly by the lawyer and use the organization for the person-to-person solicitation of legal employment of the lawyer through memberships in the plan or otherwise. The communication permitted by these organizations must not be directed to a person known to need legal services in a particular matter, but must be designed to inform potential plan members generally of another means of affordable legal services. Lawyers who participate in a legal service plan must reasonably assure that the plan sponsors are in compliance with Rules 7.1, 7.2 and 7.3 (c). --- CITATION: Ga. R. Prof. Cond. 8.1 TITLE: Bar Admission and Disciplinary Matters CHAPTER: Georgia Rules of Professional Conduct — Maintaining the Integrity of the Profession EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/8.1/ TEXT: Ga. R. Prof. Cond. 8.1. Bar Admission and Disciplinary Matters An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: knowingly make a false statement of material fact; or fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6. The maximum penalty for a violation of this Rule is disbarment. Comment [1] The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. Hence, if a person makes a material false statement in connection with an application for admission, it may be the basis for subsequent disciplinary action if the person is admitted, and in any event may be relevant in a subsequent admission application. The duty imposed by this Rule applies to a lawyer's own admission or discipline as well as that of others. Thus, it is a separate professional offense for a lawyer to knowingly make a misrepresentation or omission in connection with a disciplinary investigation of the lawyer's own conduct. This Rule also requires affirmative clarification of any misunderstanding on the part of the admissions or disciplinary authority of which the person involved becomes aware. [2] This Rule is subject to the provisions of the Fifth Amendment of the United States Constitution and corresponding provisions of state constitutions. A person relying on such a provision in response to a question, however, should do so openly and not use the right of nondisclosure as a justification for failure to comply with this Rule. [3] A lawyer representing an applicant for admission to the bar, or representing a lawyer who is the subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the client-lawyer relationship. --- CITATION: Ga. R. Prof. Cond. 8.2 TITLE: Judicial and Legal Officials CHAPTER: Georgia Rules of Professional Conduct — Maintaining the Integrity of the Profession EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/8.2/ TEXT: Ga. R. Prof. Cond. 8.2. Judicial and Legal Officials Reserved. A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. The maximum penalty for a violation of this Rule is disbarment. Comment [1] Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice. [2] When a lawyer seeks judicial office, the lawyer should be bound by applicable limitations on political activity. [3] To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized. --- CITATION: Ga. R. Prof. Cond. 8.3 TITLE: Reporting Professional Misconduct CHAPTER: Georgia Rules of Professional Conduct — Maintaining the Integrity of the Profession EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/8.3/ TEXT: Ga. R. Prof. Cond. 8.3. Reporting Professional Misconduct A lawyer having knowledge that another lawyer has committed a violation of the Georgia Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, should inform the appropriate professional authority. A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office should inform the appropriate authority. There is no disciplinary penalty for a violation of this Rule. Comment [1] Self-regulation of the legal profession requires that members of the profession initiate disciplinary investigations when they know of a violation of the Georgia Rules of Professional Conduct. Lawyers have a similar obligation with respect to judicial misconduct. An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover. Reporting a violation is especially important where the victim is unlikely to discover the offense. --- CITATION: Ga. R. Prof. Cond. 8.4 TITLE: Misconduct CHAPTER: Georgia Rules of Professional Conduct — Maintaining the Integrity of the Profession EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/8.4/ TEXT: Ga. R. Prof. Cond. 8.4. Misconduct It shall be a violation of the Georgia Rules of Professional Conduct for a lawyer to: violate or knowingly attempt to violate the Georgia Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; be convicted of a felony; be convicted of a misdemeanor involving moral turpitude where the underlying conduct relates to the lawyer's fitness to practice law; engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation; fail to pay any final judgment or rule absolute rendered against such lawyer for money collected by him or her as a lawyer within ten days after the time appointed in the order or judgment; state an ability to influence improperly a government agency or official by means that violate the Georgia Rules of Professional Conduct or other law; state an ability to achieve results by means that violate the Georgia Rules of Professional Conduct or other law; achieve results by means that violate the Georgia Rules of Professional Conduct or other law; knowingly assist a judge or judicial officer in conduct that is a violation of applicable Rules of judicial conduct or other law; or commit a criminal act that relates to the lawyer's fitness to practice law or reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer, where the lawyer has admitted in judicio, the commission of such act. For purposes of this Rule, conviction shall have the meaning set forth in Rule 1.0 (f). The record of a conviction or disposition in any jurisdiction based upon a guilty plea, a plea of nolo contendere, a verdict of guilty or a verdict of guilty but mentally ill, or upon the imposition of first offender probation shall be conclusive evidence of such conviction or disposition and shall be admissible in proceedings under these disciplinary Rules. This Rule shall not be construed to cause any infringement of the existing inherent right of Georgia Superior Courts to suspend and disbar lawyers from practice based upon a conviction of a crime as specified in paragraphs (a) (1), (a) (2) and (a) (3) above. Rule 8.4 (a) (1) does not apply to any of the Georgia Rules of Professional Conduct for which there is no disciplinary penalty. The maximum penalty for a violation of Rule 8.4 (a) (1) is the maximum penalty for the specific Rule violated. The maximum penalty for a violation of Rule 8.4 (a) (2) through (c) is disbarment. Comment [1] The prohibitions of this Rule as well as the prohibitions of Bar Rule 4-102 prevents a lawyer from attempting to violate the Georgia Rules of Professional Conduct or from knowingly aiding or abetting, or providing direct or indirect assistance or inducement to another person who violates or attempts to violate a rule of professional conduct. A lawyer may not avoid a violation of the rules by instructing a nonlawyer, who is not subject to the rules, to act where the lawyer can not. [2] This Rule, as its predecessor, is drawn in terms of acts involving "moral turpitude "with, however, a recognition that some such offenses concern matters of personal morality and have no specific connection to fitness for the practice of law. Here the concern is limited to those matters which fall under both the rubric of "moral turpitude "and involve underlying conduct relating to the fitness of the lawyer to practice law. [3] Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return. However, some kinds of offenses carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving "moral turpitude."That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation. [4] Reserved. [5] A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law. [6] Persons holding public office assume responsibilities going beyond those of other citizens. A lawyer's abuse of public office can suggest an inability to fulfill the professional role of lawyers. The same is true of abuse of positions of private trust such as trustee, executor, administrator, guardian, agent and officer, director or manager of a corporation or other organization. --- CITATION: Ga. R. Prof. Cond. 8.5 TITLE: Disciplinary Authority; Choice of Law CHAPTER: Georgia Rules of Professional Conduct — Maintaining the Integrity of the Profession EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/8.5/ TEXT: Ga. R. Prof. Cond. 8.5. Disciplinary Authority; Choice of Law Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. A Domestic or Foreign Lawyer is also subject to the disciplinary authority of this jurisdiction if the Domestic or Foreign Lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer or Domestic or Foreign Lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct. Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and for any other conduct, the rules of the jurisdiction in which the lawyer or Domestic or Foreign Lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer or Domestic or Foreign Lawyer shall not be subject to discipline if the lawyer's or Domestic or Foreign Lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer or Domestic or Foreign Lawyer reasonably believes the predominant effect of the lawyer or Domestic or Foreign Lawyer's conduct will occur. Comment Disciplinary Authority [1] It is longstanding law that the conduct of a lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction. Extension of the disciplinary authority of this jurisdiction to Domestic or Foreign Lawyers who provide or offer to provide legal services in this jurisdiction is for the protection of the citizens of this jurisdiction. Reciprocal enforcement of a jurisdiction's disciplinary findings and sanctions will further advance the purposes of this Rule. See, Rule 9.4: Jurisdiction and Reciprocal Discipline. A Domestic or Foreign Lawyer who is subject to the disciplinary authority of this jurisdiction under Rule 8.5(a) appoints an official to be designated by this Court to receive service of process in this jurisdiction. The fact that the Domestic or Foreign Lawyer is subject to the disciplinary authority of this jurisdiction may be a factor in determining whether personal jurisdiction may be asserted over the lawyer for civil matters. Choice of Law [2] A lawyer or Domestic or Foreign Lawyer may be potentially subject to more than one set of rules of professional conduct which impose different obligations. The lawyer or Domestic or Foreign Lawyer may be licensed to practice in more than one jurisdiction with differing rules, or may be admitted to practice before a particular court with rules that differ from those of the jurisdiction or jurisdictions in which the lawyer or Domestic or Foreign Lawyer is licensed to practice. Additionally, the lawyer or Domestic or Foreign Lawyer's conduct may involve significant contacts with more than one jurisdiction. [3] Paragraph (b) seeks to resolve such potential conflicts. Its premise is that minimizing conflicts between rules, as well as uncertainty about which rules are applicable, is in the best interest of both clients and the profession (as well as the bodies having authority to regulate the profession). Accordingly, it takes the approach of (i) providing that any particular conduct of a lawyer or Domestic or Foreign Lawyer shall be subject to only one set of rules of professional conduct, (ii) making the determination of which set of rules applies to particular conduct as straightforward as possible, consistent with recognition of appropriate regulatory interests of relevant jurisdictions, and (iii) providing protection from discipline for lawyers or Domestic or Foreign Lawyers who act reasonably in the face of uncertainty. [4] Paragraph (b)(1) provides that as to a lawyer or Domestic or Foreign Lawyer conduct relating to a proceeding pending before a tribunal, the lawyer or Domestic or Foreign Lawyer shall be subject only to the rules of the jurisdiction in which the tribunal sits unless the rules of the tribunal, including its choice of law rule, provide otherwise. As to all other conduct, including conduct in anticipation of a proceeding not yet pending before a tribunal, paragraph (b)(2) provides that a lawyer or Domestic or Foreign Lawyer shall be subject to the rules of the jurisdiction in which the lawyer or Domestic or Foreign Lawyer's conduct occurred, or, if the predominant effect of the conduct is in another jurisdiction, the rules of that jurisdiction shall be applied to the conduct. In the case of conduct in anticipation of a proceeding that is likely to be before a tribunal, the predominant effect of such conduct could be where the conduct occurred, where the tribunal sits or in another jurisdiction. [5] When a lawyer or Domestic or Foreign Lawyer's conduct involves significant contacts with more than one jurisdiction, it may not be clear whether the predominant effect of the lawyer or Domestic or Foreign Lawyer's conduct will occur in a jurisdiction other than the one in which the conduct occurred. So long as the lawyer or Domestic or Foreign Lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer or Domestic or Foreign Lawyer reasonably believes the predominant effect will occur, the lawyer or Domestic or Foreign Lawyer shall not be subject to discipline under this Rule. [6] If two admitting jurisdictions were to proceed against a lawyer or Domestic or Foreign Lawyer for the same conduct, they should, applying this rule, identify the same governing ethics rules. They should take all appropriate steps to see that they do apply the same rule to the same conduct, and in all events should avoid proceeding against a lawyer or Domestic or Foreign Lawyer on the basis of two inconsistent rules. [7] The choice of law provision applies to lawyers or Domestic or Foreign Lawyer engaged in transnational practice, unless international law, treaties or other agreements between competent regulatory authorities in the affected jurisdictions provide otherwise. --- CITATION: Ga. R. Prof. Cond. 9.1 TITLE: Reporting Requirements CHAPTER: Georgia Rules of Professional Conduct — Miscellaneous EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/9.1/ TEXT: Ga. R. Prof. Cond. 9.1. Reporting Requirements Members of the State Bar of Georgia shall, within sixty days, notify the State Bar of Georgia of: being admitted to the practice of law in another jurisdiction and the dates of admission; being convicted of any felony or of a misdemeanor involving moral turpitude where the underlying conduct relates to the lawyer's fitness to practice law; or the imposition of discipline by any jurisdiction other than the Supreme Court of Georgia. For the purposes of this Rule the term "discipline "shall include any sanction imposed as the result of conduct that would be in violation of the Georgia Rules of Professional Conduct if occurring in Georgia. For the purposes of this Rule the term "jurisdiction "shall include state, federal, territorial and non-United States courts and authorities. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] The State Bar of Georgia is the regulatory authority created by the Supreme Court of Georgia to oversee the practice of law in Georgia. In order to provide effective disciplinary programs, the State Bar of Georgia needs information about its members. --- CITATION: Ga. R. Prof. Cond. 9.2 TITLE: Restrictions on Filing Disciplinary Complaints CHAPTER: Georgia Rules of Professional Conduct — Miscellaneous EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/9.2/ TEXT: Ga. R. Prof. Cond. 9.2. Restrictions on Filing Disciplinary Complaints A lawyer shall not enter into an agreement containing a condition that prohibits or restricts a person from filing a disciplinary complaint, or that requires the person to request dismissal of a pending disciplinary complaint. The maximum penalty for a violation of this Rule is disbarment. Comment [1] The disciplinary system provides protection to the general public from those lawyers who are not morally fit to practice law. One problem in the past has been the lawyer who settles the civil claim/disciplinary complaint with the injured party on the basis that the injured party not bring a disciplinary complaint or request the dismissal of a pending disciplinary complaint. The lawyer is then is free to injure other members of the general public. [2] To prevent such abuses, this Rule prohibits a lawyer from entering into any agreement containing a condition which prevents a person from filing or pursuing a disciplinary complaint. --- CITATION: Ga. R. Prof. Cond. 9.3 TITLE: Cooperation with Disciplinary Authorities CHAPTER: Georgia Rules of Professional Conduct — Miscellaneous EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/9.3/ TEXT: Ga. R. Prof. Cond. 9.3. Cooperation with Disciplinary Authorities During the investigation of a matter pursuant to these Rules, the lawyer complained against shall respond to disciplinary authorities in accordance with State Bar Rules. The maximum penalty for a violation of this Rule is a public reprimand. Comment [1] Much of the work in the disciplinary process is performed by volunteer lawyers and lay persons. In order to make good use of their valuable time, it is imperative that the lawyer complained against cooperate with the investigation. In particular, the lawyer must file a sworn response with the member of the State Disciplinary Board charged with the responsibility of investigating the complaint. [2] Nothing in this Rule prohibits a lawyer from responding by making a Fifth Amendment objection, if appropriate. However, disciplinary proceedings are civil in nature and the use of a Fifth Amendment objection will give rise to a presumption against the lawyer. --- CITATION: Ga. R. Prof. Cond. 9.4 TITLE: Jurisdiction and Reciprocal Discipline CHAPTER: Georgia Rules of Professional Conduct — Miscellaneous EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/9.4/ TEXT: Ga. R. Prof. Cond. 9.4. Jurisdiction and Reciprocal Discipline Jurisdiction. Any lawyer admitted to practice law in this jurisdiction, including any formerly admitted lawyer with respect to acts committed prior to resignation, suspension, disbarment, or removal from practice on any of the grounds provided in Rule 4-104 of the State Bar of Georgia, or with respect to acts subsequent thereto that amount to the practice of law or constitute a violation of the Georgia Rules of Professional Conduct or any Rules or Code subsequently adopted by the Supreme Court of Georgia in lieu thereof, and any Domestic or Foreign Lawyer specially admitted by a court of this jurisdiction for a particular proceeding and any Domestic or Foreign Lawyer who practices law or renders or offers to render any legal services in this jurisdiction, is subject to the disciplinary jurisdiction of the State Bar of Georgia. Reciprocal Discipline. Upon being suspended or disbarred in another jurisdiction, a lawyer admitted to practice in Georgia shall promptly inform the Office of the General Counsel of the State Bar of Georgia of the discipline. Upon notification from any source that a lawyer within the jurisdiction of the State Bar of Georgia has been suspended or disbarred in another jurisdiction, the Office of the General Counsel shall obtain a certified copy of the disciplinary order and file it with the Clerk of the State Disciplinary Boards. Nothing in this Rule shall prevent a lawyer suspended or disbarred in another jurisdiction from filing a Petition for Voluntary Discipline under Rule 4-227. Upon receipt of a certified copy of an order demonstrating that a lawyer admitted to practice in Georgia has been disbarred or suspended in another jurisdiction, the Clerk of the State Disciplinary Boards shall assign the matter a State Disciplinary Board docket number. The Clerk of the State Disciplinary Boards shall issue a notice to the respondent that shall show the date of the disbarment or suspension in the other jurisdiction and shall include a copy of the order therefor. The notice shall direct the respondent to show cause to the State Disciplinary Review Board within 30 days from service of the notice why the imposition of substantially similar discipline in this jurisdiction would be unwarranted. The notice shall be served upon the respondent pursuant to Rule 4-203.1, and any response thereto shall be served upon the Office of the General Counsel. If neither party objects within 30 days, the State Disciplinary Review Board shall recommend imposition of substantially similar discipline and shall file that recommendation with the Clerk of the State Disciplinary Boards within 60 days after the time for the filing of objections expires. A copy of the State Disciplinary Review Board's report and recommendation shall be served upon the respondent, and the Clerk shall file the record in the case with the Supreme Court of Georgia within 10 days after the report and the recommendation is filed. The Office of the General Counsel or the respondent may object to imposition of substantially similar discipline by demonstrating that: The procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or There was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the court could not, consistent with its duty, accept as final the conclusion on that subject; or The discipline imposed would result in grave injustice or be offensive to the public policy of the jurisdiction; or The reason for the original disciplinary status no longer exists; or The conduct did not occur within the state of Georgia; and, The discipline imposed by the foreign jurisdiction exceeds the level of discipline allowed under these Rules; or The discipline would if imposed in identical form be unduly severe or would require action not contemplated by these Rules. If the State Disciplinary Review Board finds that it clearly appears upon the face of the record from which the discipline is predicated that any of those elements exist, the State Disciplinary Review Board shall make such other recommendation to the Supreme Court of Georgia as it deems appropriate. The burden is on the party seeking different discipline in this jurisdiction to demonstrate that the imposition of the same discipline is not appropriate. The State Disciplinary Review Board may consider exceptions from either the Office of the General Counsel or the respondent on the grounds enumerated at paragraph (b) (3) of this Rule and may in its discretion grant oral argument. Exceptions and briefs shall be filed with the State Disciplinary Review Board within 30 days of service of the Notice of Reciprocal Discipline. The responding party shall have 30 days after service of the exceptions within which to respond. The State Disciplinary Review Board shall file its report and recommendation with the Clerk of the State Disciplinary Boards within 60 days of receiving the response to exceptions. A copy of the State Disciplinary Board's report and recommendation shall be served upon the respondent, and the Clerk shall file the record in the case with the Supreme Court of Georgia within 10 days after the report and recommendation is filed. In all other aspects, a final adjudication in another jurisdiction that a lawyer, whether or not admitted in that jurisdiction, has been guilty of misconduct, or has been removed from practice on any of the grounds provided in Rule 4-104 of the State Bar of Georgia, shall establish conclusively the misconduct or the removal from practice for purposes of a disciplinary proceeding in this State. Discipline imposed by another jurisdiction but of a lesser nature than disbarment or suspension may be considered in aggravation of discipline in any other disciplinary proceeding. For good cause, the Chair of the State Disciplinary Review Board in a reciprocal discipline proceeding may make an interim recommendation to the Supreme Court of Georgia that the respondent be immediately suspended pending final disposition. For purposes of this Rule, the word “jurisdiction” means any State, Territory, country, or federal court. The maximum penalty for a violation of this Rule is disbarment. Comment [1] If a lawyer suspended or disbarred in one jurisdiction is also admitted in another jurisdiction and no action can be taken against the lawyer until a new disciplinary proceeding is instituted, tried, and concluded, the public in the second jurisdiction is left unprotected against a lawyer who has been judicially determined to be unfit. Any procedure that so exposes innocent clients to harm cannot be justified. The spectacle of a lawyer disbarred in one jurisdiction yet permitted to practice elsewhere exposes the profession to criticism and undermines public confidence in the administration of justice. [2] Reserved. [3] The imposition of discipline in one jurisdiction does not mean that Georgia and every other jurisdiction in which the lawyer is admitted must necessarily impose discipline. The State Disciplinary Review Board has jurisdiction to recommend reciprocal discipline when a lawyer is suspended or disbarred in a jurisdiction in which the lawyer is licensed or otherwise admitted. [4] A judicial determination of misconduct by the respondent in another jurisdiction is conclusive, and not subject to re-litigation in the forum jurisdiction. The State Disciplinary Review Board should recommend substantially similar discipline unless it determines, after review limited to the record of the proceedings in the foreign jurisdiction, that one of the grounds specified in paragraph (b) (3) exists. [5] For purposes of this Rule, the suspension or placement of a lawyer on inactive status in another jurisdiction because of want of sound mind, senility, habitual intoxication or drug addiction, to the extent of impairment of competency as a lawyer shall be considered a disciplinary suspension under the Rules of the State Bar of Georgia. --- CITATION: Ga. R. Prof. Cond. 9.5 TITLE: Lawyer as a Public Official CHAPTER: Georgia Rules of Professional Conduct — Miscellaneous EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/9.5/ TEXT: Ga. R. Prof. Cond. 9.5. Lawyer as a Public Official A lawyer who is a public official and represents the State, a municipal corporation in the State, the United States government, their agencies or officials, is bound by the provisions of these Rules. No provision of these Rules shall be construed to prohibit such a lawyer from taking a legal position adverse to the State, a municipal corporation in the State, the United States government, their agencies or officials, when such action is authorized or required by the U. S. Constitution, the Georgia Constitution or statutes of the United States or Georgia. --- CITATION: Ga. R. Prof. Cond. 3.9 TITLE: Advocate in Nonadjudicative Proceedings CHAPTER: Georgia Rules of Professional Conduct — Advocate EDITION: Georgia Rules of Professional Conduct, as published by the State Bar 2026-08-15 URL: https://gps.press/rules/rpc/3.9/ TEXT: Ga. R. Prof. Cond. 3.9. Advocate in Nonadjudicative Proceedings A lawyer representing a client before a legislative or administrative tribunal in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3 (a) through (c), 3.4 (a) through (c), and 3.5. The maximum penalty for a violation of this rule is a public reprimand. Comment [1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule making or policy making capacity, lawyers present facts, formulate issues and advance argument in the matters under consideration. The decision making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with the tribunal honestly and in conformity with applicable rules of procedures. [2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts. [3] This rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental entity; representation in such a transaction is governed by Rules 4.1 through 4.4. ---