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Uniform Rules of the Magistrate Court

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Uniform Rules of the Magistrate Court UNIFORM RULES MAGISTRATE COURTS OF THE STATE OF GEORGIA COUNCIL OF MAGISTRATE COURT JUDGES Table of Contents PART I. GENERAL AND ADMINISTRATIVE PROVISIONS .................................................. 1 Rule 1. Preamble ............................................................................................................................. 1 1.1. Repeal of Local Rules .......................................................................................................... 1 1.2. Authority to Enact Local Rules Which Deviate From the Uniform Magistrate Court Rules ..................................................................................................................................................... 1 1.3. Matters of Statewide Concern .............................................................................................. 2 1.4. Deviation .............................................................................................................................. 2 1.5. Amendments ........................................................................................................................ 2 1.6. Publication of Rules and Amendments ................................................................................ 2 Rule 2. Definitions .......................................................................................................................... 2 2.1. Judge .................................................................................................................................... 2 2.2. Clerk ..................................................................................................................................... 3 2.3. Party(ies) .............................................................................................................................. 3 Rule 3. Hours of Court Operation ................................................................................................... 3 Rule 4. Assignment of Cases .......................................................................................................... 3 4.1. Case Assignment .................................................................................................................. 3 4.2. Recusal/Disqualification of Judge ....................................................................................... 3 4.2.1 Motions. .......................................................................................................................... 3 4.2.2 Affidavit.......................................................................................................................... 4 4.2.3 Duty of the Trial Judge ................................................................................................... 4 4.2.4 Procedure upon a Motion for Recusal/Disqualification ................................................. 4 4.2.5 Selection of Judge. .......................................................................................................... 5 4.2.6 Findings and Ruling........................................................................................................ 5 4.2.7 Voluntary Recusal. ......................................................................................................... 5 i 4.3. Disqualification of Chief Magistrate ................................................................................... 5 Rule 5. Dockets ............................................................................................................................... 5 5.1. Docket Categories ................................................................................................................ 5 5.2. Time of Docketing ............................................................................................................... 5 Rule 6. Withdrawal of Papers From Magistrate Court ................................................................... 5 Rule 7. Duties of Attorneys and All Parties .................................................................................... 6 7.1. Notification of Representation ............................................................................................. 6 7.2. Withdrawal of Counsel ........................................................................................................ 7 7.3. Notification of Previous Presentation to Another Judge...................................................... 7 7.4. Prohibition on Ex Parte Communications ........................................................................... 7 Rule 8. Resolution of Conflicts - State and Federal Courts ............................................................ 7 Rule 9. Leaves of Absence.............................................................................................................. 8 Rule 10. Terms of Court ................................................................................................................. 8 Rule 11. Electronic and Photographic News Coverage of Magistrate Court Proceedings ............. 8 Rule 12. Completion of Caseload Reports .................................................................................... 10 Rule 13. Notice of Selection of Magistrates, Constables and Clerks of Magistrate Court ........... 11 Rule 14. AT&T Language Line Service ....................................................................................... 11 Rule 15. Telephone and Video Conferencing ............................................................................... 11 15.1. Telephone Conferencing. ................................................................................................. 11 15.2. Video-Conferencing. ........................................................................................................ 11 Rule 16. Maintenance of Evidence ............................................................................................... 12 16.1. Maintenance of Non-criminal Evidence. ......................................................................... 12 16.2. Maintenance of Criminal Evidence. ................................................................................ 13 Rule 17. Clerical Assistance for Pro Se Litigants ......................................................................... 14 ii Rule 17 Appendix A. ................................................................................................................ 15 Rule 18. Head Coverings .............................................................................................................. 36 PART II. CRIMINAL RULES ..................................................................................................... 36 Rule 21. Administration of Oaths ................................................................................................. 36 Rule 22. Hearings on Issuance of Search Warrants ...................................................................... 36 Rule 23. Bail in Criminal Cases .................................................................................................... 36 23.1. Misdemeanor Cases ......................................................................................................... 36 23.2. Felony Cases .................................................................................................................... 37 23.3. Categories of Bail ............................................................................................................ 37 23.4. Amendment of Bail .......................................................................................................... 37 Rule 24. Dismissal and Return of Warrants.................................................................................. 37 24.1. Dismissal of Warrant ....................................................................................................... 37 24.2. Return of Warrant to Magistrate Court ............................................................................ 37 24.3. Assessment of Costs – Criminal ...................................................................................... 37 Rule 25. Initial Appearance/Committal Hearings ......................................................................... 38 25.1. Initial Appearance Hearing .............................................................................................. 38 25.2. Commitment Hearing....................................................................................................... 38 25.3. Private Citizen Warrant Application Hearings ................................................................ 39 Rule 26. Appointment of Counsel for Indigent Defendants ......................................................... 40 26.1. Authority and Purpose ..................................................................................................... 40 26.2. Application For and Appointment of Counsel ................................................................. 40 26.3. Responsibility for Determination of Eligibility ............................................................... 42 26.4. Uniform Eligibility Guidelines ........................................................................................ 42 26.5. County Selected Methods of Providing Counsel ............................................................. 43 iii 26.6. Assignment of Cases to Private Attorneys....................................................................... 43 Rule 27. Arraignment...................................................................................................................
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