Definitions

Uniform Probate Court Rules

Rule: 2

Jurisdiction: GA

Bluebook Citation: Ga. Unif. Prob. Ct. R. 2

2.1 Non-sexist pronouns. For the sake of brevity only, the pronoun “he” shall include “she” and vice versa, unless the context clearly indicates otherwise; the pronoun “her” shall include “him” and vice versa, unless the context clearly indicates otherwise. 2.2 Judge. The word “judge” as used in these rules refers to any of the several active judges of the probate courts of Georgia, and to any other person who may at the time be performing a judicial function of the probate court of this state in accordance with law. 2.3 Clerk. The word “clerk” as used in these rules refers to any clerk or deputy clerk of any of the several probate courts in this state. 2.4 Attorney. The word “attorney” as used in these rules refers to any person who is an active member in good standing of the State Bar of Georgia, and to any person who is permitted, as provided below in Rule 3.3.3, to represent a party in an action pending in a probate court of the State of Georgia, and to any person representing himself pro se in an action pending in a probate court of this state. The word “attorney” is synonymous with “counsel” in these rules. 2.5 Plaintiff/Defendant/Petition. The term “plaintiff” includes petitioner, applicant or propounder, and the term “defendant” includes caveator or respondent. “Petition” includes any application to the court for an order. 2.6 Abbreviation of the Code. The letters “OCGA” shall mean, and refer to, the Official Code of Georgia Annotated. 2.7 Article 6 Probate Courts. (A) “Article 6 Probate Courts” refers to a probate court with expanded jurisdiction according to Article 6 of Chapter 9 of Title 15 of the Code, OCGA §§ 15-9-120 through 15-9-127, which are probate courts in counties with a population of more than 90,000 persons according to the U.S. Decennial Census of 2010 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years. (B) The general laws and rules of pleadings, defenses, amendments, counter or cross claims, third-party practice, joinder of parties and causes, parties, discovery and depositions, interpleader, intervention, evidence, motions, summary judgment, relief from judgments, and the effect of judgments which are applicable in the superior courts shall be applicable to and govern in civil cases before Article 6 Probate Courts. 2.8 Article 6 Probate Courts -- concurrent jurisdiction with superior courts. Article 6 Probate Courts have concurrent jurisdiction with superior courts in certain proceedings as set forth in OCGA § 15-9-127. 2

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