(A) above, must be in writing, filed with the clerk, and served upon opposing counsel at

Uniform Probate Court Rules

Rule: 6.9

Jurisdiction: GA

Bluebook Citation: Ga. Unif. Prob. Ct. R. 6.9

least ten (10) days prior to submission to the appropriate judge of the court in which an 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. Such application for leave of absence shall contain: 1. A list of the actions to be protected, including the action numbers; 2. The reason for the leave of absence; 3. The duration of the requested leave of absence; and 4. Whether any hearings or trials have been scheduled and, if so, the date of said hearing or trial. (C) Excusal from court appearances. A leave when granted shall relieve any attorney from all trials, hearings, depositions, and other legal appearances in that matter. This rule shall not extend any deadline set by law or the court. 6.10 Recusal. (A) Motions. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed. Filing and presentation to the judge shall be not later than five days after the affiant first learned of the alleged grounds for disqualification, and not later than ten 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 requirements. In no event shall the motion be allowed to delay the trial or proceeding. (B) Duty of the trial judge. When a judge is presented with a motion to recuse or to 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 is sufficient, and the recusal would be authorized if some or all of the facts set forth in the affidavit are true, the judge shall immediately forward the matter to the Chief Superior Court Judge of the same circuit. 16 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 use the criteria set forth in Rule 6.10 (F). (C) Voluntary recusal. If a judge, either on his own motion or that of one of the parties, voluntarily disqualifies himself, the case shall be immediately transferred to the Chief Superior Court Judge of the same circuit to hear or assign the matter for hearing or trial according to the qualifications set forth in

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.