Motions and Applications

6.1 Filing. 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. The clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge. 6.2 Reply. Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than thirty (30) days after service of the motion. 6.3 Hearing. Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, may be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict. Provided, 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. 6.4 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. 14 6.5 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. 6.6 Motions in emergencies. Upon written notice and good cause shown, the 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. 6.7 Motions for new trial (applies to Article 6 Probate Courts only). (A) Time for Hearing. In order to reduce delay between the conclusion of the trial and the filing of the notice of appeal, the trial court may hear motions for new trial immediately after filing and prior to the preparation of the transcript of proceedings. In any event, the motion for new trial shall be heard and decided as promptly as possible. (B) Transcript Costs. Except where leave to proceed in forma pauperis has been granted, an attorney or party 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 or party 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 or party to disciplinary action by the court. 6.8 Default judgments pursuant to OCGA § 15-9-47. Default judgments may be entered in any case pending before the court in which an answer, caveat, or other responsive pleading has not been filed within the time required by law or by order of the court. If required by the court, the party seeking entry of a default judgment in any action shall certify to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from any party against whom the default judgment is sought. When required, any such certificate shall be in writing and must be attached to the proposed default judgment when presented to the judge for signature. Any party seeking to open a default must make the required showing in writing under oath. The court may then enter an order, without notice or hearing, granting or denying the request to open the default. 6.9 Leaves of absence. (A) Leaves for thirty (30) calendar days or less An attorney of record shall be entitled to a leave of absence for thirty (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 at least thirty (30) calendar days prior to the effective date for the proposed leave, a written notice containing: 1. A list of the actions to be protected, including the action numbers; 2. The reason for the leave of absence; and 3. The duration of the requested leave of absence. 15 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 (10) days with the clerk, with a copy to the court and all counsel of record, or 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 shall retain leave of absence notices in a chronological file sixty (60) days after the leave period; thereafter, the notices may be discarded. (B) Leaves for more than thirty (30) calendar days or those either on a published calendar, noticed for a hearing, or not meeting the time requirements of Rule 6.9 (A). Application for leaves of absence for more than thirty (30) days, or those either on a published calendar, noticed for a hearing, or not submitted within the time limits contained in