Hearings and Trials

10.1 Court protocol. (A) Head coverings. Head coverings are prohibited in the courtroom except in cases where the covering is worn for medical or religious reasons. To the extent security requires a search of a person wearing a permitted head covering, the individual has the option of having the inspection performed by a same-sex officer in private. The individual is allowed to replace his or her own head covering after the inspection is complete. (B) Accommodations. 1. Request for accommodations. Any party or witness who needs special accommodation for a disability or other assistance shall inform the court of such need not less than five days prior to the scheduled hearing or trial, or immediately upon learning of his required appearance at such hearing or trial if notice is received by the individual less than five days prior thereto. The party, the attorney representing the party, or the person calling the witness shall ensure compliance with this rule. Failure to comply with this rule shall result in remedies as set out in Rule 10.1 (B) (2). 2. Failure to notify court. If a party or party’s attorney fails to timely notify the court of a need for an accommodation, the court may assess costs against that party for any delay caused by the need to arrange for the accommodation unless that party establishes good cause for the delay. 3. Appointment necessary for meaningful participation. Notwithstanding any failure of a party or party’s attorney to notify the court of a need for an accommodation, the court shall make appropriate accommodation whenever it becomes apparent from the court’s own observations or 25 from disclosures by any other person that a participant in a proceeding is in need of an accommodation to the extent reasonably necessary to meaningfully participate in the proceeding. 4. Change or cancellation. If the time or date of a proceeding is changed or canceled by the parties and an accommodation has been arranged by the court, the party that requested the accommodation 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 accommodation, thus precluding unnecessary cost of an accommodation 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 cost of an accommodation it may have incurred upon that party unless the party can show good cause for its failure to provide a timely notification. 10.2 Interpreters. (A) Request. 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 five 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 or Hard of Hearing, for which the interpreter is required. (B) Diligent effort by court. 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) Failure to notify court. 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 or a video-conferencing service, 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. 26 (D) Appointment necessary for meaningful participation. 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) Change or cancellation. 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 upon that party unless the party can show good cause for its failure to provide a timely notification. 10.3 Cell phones. Cell phones shall not be audible in the courtroom, and their use may be further restricted by the judge. 10.4 Court reporters. Unless otherwise notified by the court, if any party desires that a hearing or trial be reported by a court reporter, then it shall be the duty of such party to arrange, at his own expense, for a court reporter to be present at the hearing or trial. Such party shall immediately notify the court and opposing counsel in writing when such arrangements have been made. No delay or continuance of any hearing or trial shall be granted in order to allow any party to make such arrangements, except for good cause shown. If the court will arrange for a court reporter to be present at a particular hearing or trial, then the court will so inform the parties in the notice of hearing, pre-trial order, or other appropriate notice. 10.5 Setting contested hearings. Hearings on contested matters shall be set by the court upon the request of any interested party, at the next available hearing date, and notice shall be given by first class mail at least ten (10) days in advance to all interested parties. An interested party represented by an attorney shall be notified by giving notice to his attorney. 10.6 Continuances. Any request for continuance shall be made in conformance with OCGA § 9-10-150 et seq. 10.7 Excusals from courtroom. During the course of a proceeding no one except the judge may excuse a party, a witness (including one who has testified), or counsel from the courtroom. 27 10.8 Arguments. (A) Sequence. When the burden of proof rests with the petitioner, the petitioner is entitled to the opening and concluding arguments except that if the respondent introduces no evidence or admits a prima facie case, he shall be entitled to open and conclude. (B) Length. In all misdemeanor cases, closing argument shall be limited to one-half hour per side without obtaining special leave of the court before the argument is opened. (C) Participants. 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. 10.9 Dismissal for failure to appear. On its own motion or upon motion of the opposite party, the court may dismiss without prejudice any 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. The court may adjudge any attorney in contempt for failure to appear without legal excuse upon the call of any proceeding. 10.10 Electronic and photographic news coverage of judicial proceedings. Unless otherwise provided by rule of the Supreme Court or otherwise ordered by the judge after appropriate hearing (conducted after notice to all parties and counsel of record) and findings, representatives of the print and electronic public media may be present at and unobtrusively make written notes and sketches pertaining to any judicial proceedings in the courts. However, due to the distractive nature of electronic or photographic equipment, representatives of the public media utilizing such equipment are subject to the following restrictions and conditions: Persons desiring to broadcast/record/photograph official court proceedings must file a timely written request (form attached as Exhibit “A”) with the judge involved prior to the hearing or trial, specifying the particular case or proceedings for which such coverage is intended; the type equipment to be used in the courtroom; the trial, hearing or proceeding to be covered; and the person responsible for installation and operation of such equipment. Approval of the judge to broadcast/record/photograph a proceeding, if granted, shall be granted without partiality or preference to any person, news agency, or type of electronic or photographic coverage, who agrees to abide by and conform to these rules, up to the capacity of the space designated therefor in the courtroom. Violation of these rules will be grounds for a reporter/technician to be removed or excluded from the courtroom and held in contempt. The judge, in his discretion, may require pooled coverage which would allow only one still photographer, one television camera and attendant, and one radio or tape recorder outlet and attendant. Photographers, electronic reporters and technicians shall be expected to arrange among themselves pooled coverage if so directed by the judge and to present the judge with a schedule and description of the pooled coverage. If the covering persons cannot agree on such a schedule or arrangement, the judge may, in his discretion, designate the schedule and arrangements for pooled coverage. The positioning and removal of cameras and electronic devices shall be done quietly and, if possible, before or after the court session or during recesses; in no event shall such disturb the 28 proceedings of the court. In every such case, equipment should be in place and ready to operate before the time court is scheduled to be called to order. Overhead lights in the courtroom shall be switched on and off only by court personnel. No other lights, flashbulbs, flashes or sudden light changes may be used unless the judge approves beforehand. No adjustment of central audio system shall be made except by persons authorized by the judge. Audio recordings of the court proceedings will be from one source, normally by connection to the court's central audio system. Upon prior approval of the court, other microphones may be added in an unobtrusive manner to the court's public address system. All television cameras, still cameras and tape recorders shall be assigned to a specific portion of the public area of the courtroom or specially designed access areas, and such equipment will not be permitted to be removed or relocated during the court proceedings. Still cameras, movie and television cameras and broadcasting and recording devices must operate quietly. If any equipment is determined by the judge to be of such noise as to be distractive to the court proceedings, then such equipment can be excluded from the courtroom by the judge. Photographs and televising of the public and the courtroom are allowed, if done without disruption to the court proceedings. Reporters, photographers, and technicians must have and produce upon request of court officials credentials identifying them and the media company for which they work. Court proceedings shall not be interrupted by a reporter or technician with a technical or an equipment problem. Reporters, photographers, and technicians should do everything possible to avoid attracting attention to themselves. Reporters, photographers, and technicians will be accorded full right of access to court proceedings for obtaining public information within the requirements of due process of law, so long as it is done without detracting from the dignity and decorum of the court. Other than as permitted by these rules and guidelines, there will be no photographing or radio or television broadcasting, including video taping pertaining to any judicial proceedings on the courthouse floor where the trial, hearing or proceeding is being held or any other courthouse floor whereon is located a probate court courtroom, whether or not the court is actually in session. No interviews pertaining to a particular judicial proceeding will be conducted in the courtroom except with the permission of the judge. All media plans heretofore approved by the Supreme Court for probate courts are hereby repealed. 29 EXHIBIT “A” IN THE PROBATE COURT OF ______ COUNTY STATE OF GEORGIA (STYLE OF CASE) ESTATE OR FILE NO. ___ REQUEST TO INSTALL RECORDING AND/OR PHOTOGRAPHING EQUIPMENT PURSUANT TO RULES AND GUIDELINES FOR ELECTRONIC AND PHOTOGRAPHIC NEWS COVERAGE OF JUDICIAL PROCEEDINGS. Pursuant to Rule 10.10 of the Uniform Probate Court Rules, the undersigned hereby requests permission to install equipment in courtroom in order to record, photograph or televise all or portions of the proceedings in the above-captioned case. Consistent with the provisions of the rules and guidelines, the undersigned desires to install locations: the following described equipment: ___________ ___________. The proceedings that the undersigned desires to record, photograph or televise commence on ___(DATE) ___. Subject to direction from the court regarding possible pooled coverage, the undersigned wishes to install this equipment in the courtroom on ___(DATE) ___. The personnel who will be responsible for the installation and operation of this equipment during its use are: ___(IDENTIFY APPROPRIATE PERSONNEL)___. the following in The undersigned hereby certifies that the equipment to be installed and the locations and operation of such equipment will be in conformity with the rules and guidelines issued by the court. This __________ day of __________, 20__. _________________________ (Individual Signature) _________________________ (Representing/Firm) _________________________ (Position) _________________________ (Address) _________________________ (Telephone Number) APPROVED: _________________________ Judge, Probate Court ___________________ County 30 10.11 Jury trials (Article 6 Probate Courts). (A) Demand and procedure Right to Jury Trial. The right to a jury trial must be asserted by a written demand within thirty (30) days after the filing of the first pleading of the party or within fifteen (15) days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to OCGA §§ 29-4-10 and 29-5-10, relating to guardianship or conservatorship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury trial within ten (10) days after the date of mailing of the notice provided for by OCGA §§ 29-4-12 (c) and 29-5-12 (c). If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted. All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to, and be observed by, the Article 6 Probate Courts in civil cases. (B) 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 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. (C) 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 fifteen (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 one 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. (D) 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. 31