Leaves of Absence

9.1. Leaves for 30 Calendar Days or Less An attorney of record shall be entitled to a leave of absence for 30 days or less from court appearance in pending matters which are neither on a published calendar for court appearance, nor noticed for a hearing during the requested time, by submitting to the clerk of the court at least 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 the 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, and the court responds denying the leave, such leave will stand granted without entry of an order. If objection is filed, the court, upon request of any counsel, will conduct a conference with all counsel to determine whether the court will, by order, grant the requested leave of absence. The clerk of the court shall retain leave of absence notices in a chronological file two calendar years; thereafter, the notices may be discarded. Effective March 3, 2016. 12 9.2. Leaves for More Than 30 Calendar Days or Those Either on a Published Calendar, Noticed for a Hearing, or not Meeting the Time Requirements of Rule 9.1 Application for leaves of absence for more than 30 days, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in Rule 9.1 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 an action is pending. 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: (A) a list of the actions to be protected, including the action numbers; (B) the reason for the leave of absence; and (C) the duration of the requested leave of absence. If an objection is filed, the court, upon request of any counsel, will conduct a conference with all counsel to determine whether the court will, by order, grant the requested leave of absence. Effective March 3, 2016. 9.3. Effect of Leave A leave granted pursuant to Rule 9.1 or Rule 9.2 shall relieve any attorney from all trials, hearings, depositions and other legal proceedings in that matter. This rule shall not extend any deadline set by law or the court. Effective March 3, 2016. 9.4. Notice of Application for Leave Any application for leave not filed in substantial compliance with this rule will be denied. Notice shall be provided substantially as on the following form: To: All Judges, Clerks 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 he or she has cases pending, all affected clerks of court, and all opposing counsel, that he or she will be on leave pursuant to Georgia Uniform Magistrate Court Rule 9. _____ This leave meets the requirements of Rule 9.1 _____ This leave is requested under Rule 9.2 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: _________________. 13 2. All affected judges and opposing counsel shall have ten days from the date of this Notice to object to it. Leaves with objections pursuant to Rule 9.1 and all leaves pursuant to Rule 9.2 require an Order from the Court, and it is the duty of the party requesting the leave to arrange a conference, if any party requests a conference, and obtain a written order granting the leave. 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 _________________, 20____. ____________________________ Name of attorney EXHIBIT A (Sample) Name of Judge County/Court Brown DeKalb/Superior Black Cobb/State Grey Fulton/Superior Opposing Counsel Name of Attorney _____ Address _____________ Name of Attorney _____ Address _____________ Name of Attorney _____ Address _____________ Name of Case Case Number Jones v. Jones 16CR123456 Smith v. Exxon 16-T-12345 Schwartz v. Craig & Co. 2016CV123456 Effective March 3, 2016.