local rule in Georgia

22 Georgia opinions name it 2 courts 1899–2026 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

Case	Followed	Cited
Raintree Farms, Inc. v. Stripping Center, Ltd.green gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2026–2026 2 sentences 2026See Raintree Farms, Inc. v. Stripping Ctr., Ltd., 166 Ga. App. 848, 849 (1) ( 305 SE2d 660 ) (1983) (explaining that to the extent that a local rule conflicts with the Civil Practice Act, the local rule is void). 2026See Raintree Farms, Inc. v. Stripping Ctr., Ltd., 166 Ga. App. 848, 849 (1) ( 305 SE2d 660 ) (1983) (explaining that to the extent that a local rule conflicts with the Civil Practice Act, the local rule is void).	1	1
Gilbert v. Deckergreen gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2025–2025 2 sentences 2025“However, if the application of the local court rule contravenes a statute, the local rule must yield to the statute.” Gilbert v. Decker, 165 Ga. App. 11, 12 ( 299 SE2d 65 ) (1983). 2025“However, if the application of the local court rule contravenes a statute, the local rule must yield to the statute.” Gilbert v. Decker, 165 Ga. App. 11, 12 ( 299 SE2d 65 ) (1983).	1	1
Summerour v. Saint Joseph's Infirmary, Inc.green gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008Summerour v. Saint Joseph’s Infirmary, 160 Ga. App. 187,188 ( 286 SE2d 508 ) (1981). 2008Summerour v. Saint Joseph’s Infirmary, 160 Ga. App. 187,188 ( 286 SE2d 508 ) (1981).	1	1
Goldfarb v. Virginia State Bargreen scotus · 1975 · cited in 1 Georgia opinions naming this issue, 2003–2003 1 sentence 2003Goldfarb v. Virginia State Bar, 421 U. S. 773, 783-784 (95 SC 2004, 44 LE2d 572) (1975) (a local bar title examination fee schedule affected interstate commerce); United States v. Patterson, 792 F2d 531, 534-535 (5th Cir. 1986) (arson of condominiums owned by out-of-state partners was property involved in interstate commerce).	1	1
McLain v. Real Estate Board of New Orleans, Inc.green scotus · 1980 · cited in 1 Georgia opinions naming this issue, 2003–2003 1 sentence 2003“The broad authority of Congress under the Commerce Clause has, of course, long been interpreted to extend beyond activities in interstate commerce to reach other activities that, while wholly local in nature, nevertheless substantially affect interstate commerce.” McLain v. Real Estate Bd. of New Orleans, 444 U. S. 232, 241-242 (100 SC 502, 62 LE2d 441) (1980).	1	1
Sacandy v. Walthergreen ga · 1992 · cited in 1 Georgia opinions naming this issue, 1996–1996 2 sentences 1996The Act, in OCGA § 17-12-38.1, does state that state funded local indigent defense programs and local indigent defense programs “shall provide legal representation for indigents in . . . all actions and proceedings within the juvenile courts of this state in which a person is entitled to legal representation under the Constitution of the United States or the Constitution and laws of the State of Georgia. . . .” (Emphasis supplied.) Nonetheless, in OCGA § 17-12-44, the Act “expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order comp 1996The Act, in OCGA § 17-12-38.1, does state that state funded local indigent defense programs and local indigent defense programs “shall provide legal representation for indigents in . . . all actions and proceedings within the juvenile courts of this state in which a person is entitled to legal representation under the Constitution of the United States or the Constitution and laws of the State of Georgia. . . .” (Emphasis supplied.) Nonetheless, in OCGA § 17-12-44, the Act “expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order comp	1	1
McDaniel v. Hendrixgreen ga · 1991 · cited in 1 Georgia opinions naming this issue, 1994–1994 2 sentences 1994McDaniel v. Hendrix, 260 Ga. 857, 858 ( 401 SE2d 260 ) (1991). 1994McDaniel v. Hendrix, 260 Ga. 857, 858 ( 401 SE2d 260 ) (1991).	1	1
Cronic v. Pyburngreen gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1991–1991 1 sentence 1991See Cronic v. Pyburn, supra, 170 Ga. App. at 378 (1); Prosser and Keeton, The Law of Torts, § 32, pp. 187-188 (5th ed.).	1	1
Davis v. Stategreen ga · 1979 · cited in 1 Georgia opinions naming this issue, 1984–1984 2 sentences 1984At that meeting, Weston had told Pressley that appellant owed him money but would not pay him, and that “he would like to get even with [appellant] and in some way involve her in the case.” “ ‘Reopening evidence is in the sound discretion of the trial court and will not be disturbed when no abuse of discretion is shown.’ ” Davis v. State, 242 Ga. 901, 907 ( 252 SE2d 443 ) (1979). 1984At that meeting, Weston had told Pressley that appellant owed him money but would not pay him, and that “he would like to get even with [appellant] and in some way involve her in the case.” “ ‘Reopening evidence is in the sound discretion of the trial court and will not be disturbed when no abuse of discretion is shown.’ ” Davis v. State, 242 Ga. 901, 907 ( 252 SE2d 443 ) (1979).	1	1
State v. Sheadgreen gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1983–1983 2 sentences 1983See State v. Shead, 160 Ga. App. 260 (1) ( 286 SE2d 767 ) (1981). 1983See State v. Shead, 160 Ga. App. 260 (1) ( 286 SE2d 767 ) (1981).	1	1
Pittman v. McKinneygreen gactapp · 1975 · cited in 1 Georgia opinions naming this issue, 1983–1983 2 sentences 1983See also Pittman v. McKinney, 135 Ga. App. 192 (3) ( 217 SE2d 446 ) (holding that “[w]here a provision of a special Act establishing a court of record conflicts with a provision of the Civil Practice Act, the latter controls.”) In general terms, the presumption of waiver in the local rule conflicts with the requirement of express waiver in OCGA § 9-11-39 (Code Ann. § 81A-139), supra. More specifically, the local rule requires a pretrial demand for jury trial, whereas the Civil Practice Act, § 39, provides for a jury trial as a matter of right unless the parties consent to a non-jury trial. 1983See also Pittman v. McKinney, 135 Ga. App. 192 (3) ( 217 SE2d 446 ) (holding that “[w]here a provision of a special Act establishing a court of record conflicts with a provision of the Civil Practice Act, the latter controls.”) In general terms, the presumption of waiver in the local rule conflicts with the requirement of express waiver in OCGA § 9-11-39 (Code Ann. § 81A-139), supra. More specifically, the local rule requires a pretrial demand for jury trial, whereas the Civil Practice Act, § 39, provides for a jury trial as a matter of right unless the parties consent to a non-jury trial.	1	1
Fulton County v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saintsgreen gactapp · 1975 · cited in 1 Georgia opinions naming this issue, 1982–1982 2 sentences 1982Therefore, the local rule requiring that the motion to withdraw a plea be filed with a rule nisi is not in conflict with the general laws of this state (see Fulton County v. Latter Day Saints, 133 Ga. App. 847, 852 (2) ( 212 SE2d 451 ) (1975)), and is controlling in the instant case. 1982Therefore, the local rule requiring that the motion to withdraw a plea be filed with a rule nisi is not in conflict with the general laws of this state (see Fulton County v. Latter Day Saints, 133 Ga. App. 847, 852 (2) ( 212 SE2d 451 ) (1975)), and is controlling in the instant case.	1	1
Grindle v. Eubanksgreen gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1982–1982 2 sentences 1982However, while “[l]ocal practice rules, and even local statutes referring to specific courts, may control the flow of business, the hearing of cases, etc.,... [they] . . . may not contravene the substantive framework of the CPA.” Auerback v. Maslia, 142 Ga. App. 184, 188 ( 235 SE2d 594 ) (1977). “[I]f a local rule is in conflict with the statute, the statute controls.” Grindle v. Eubanks, 152 Ga. App. 58, 61 ( 262 SE2d 235 ) (1979). 1982However, while “[l]ocal practice rules, and even local statutes referring to specific courts, may control the flow of business, the hearing of cases, etc.,... [they] . . . may not contravene the substantive framework of the CPA.” Auerback v. Maslia, 142 Ga. App. 184, 188 ( 235 SE2d 594 ) (1977). “[I]f a local rule is in conflict with the statute, the statute controls.” Grindle v. Eubanks, 152 Ga. App. 58, 61 ( 262 SE2d 235 ) (1979).	1	1
Auerback v. Masliagreen gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 1982–1982 2 sentences 1982However, while “[l]ocal practice rules, and even local statutes referring to specific courts, may control the flow of business, the hearing of cases, etc.,... [they] . . . may not contravene the substantive framework of the CPA.” Auerback v. Maslia, 142 Ga. App. 184, 188 ( 235 SE2d 594 ) (1977). “[I]f a local rule is in conflict with the statute, the statute controls.” Grindle v. Eubanks, 152 Ga. App. 58, 61 ( 262 SE2d 235 ) (1979). 1982However, while “[l]ocal practice rules, and even local statutes referring to specific courts, may control the flow of business, the hearing of cases, etc.,... [they] . . . may not contravene the substantive framework of the CPA.” Auerback v. Maslia, 142 Ga. App. 184, 188 ( 235 SE2d 594 ) (1977). “[I]f a local rule is in conflict with the statute, the statute controls.” Grindle v. Eubanks, 152 Ga. App. 58, 61 ( 262 SE2d 235 ) (1979).	1	1
Ambler v. Archergreen ga · 1973 · cited in 1 Georgia opinions naming this issue, 1975–1975 2 sentences 1975See also Ambler v. Archer, 230 Ga. 281 (1) ( 196 SE2d 858 ), wherein the Supreme Court reversed the lower court in refusing to allow a later amendment of a pre-trial order because of a local rule. 4. 1975See also Ambler v. Archer, 230 Ga. 281 (1) ( 196 SE2d 858 ), wherein the Supreme Court reversed the lower court in refusing to allow a later amendment of a pre-trial order because of a local rule. 4.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Turner v. Marta neutral gactapp · 1990 2 sentences 1993Since this was not 336 done, [defendants were] entitled to judgment [in the original action].” Turner v. MARTA, 197 Ga. App. 447 ( 398 SE2d 794 ). 2. 1993Since this was not 336 done, [defendants were] entitled to judgment [in the original action].” Turner v. MARTA, 197 Ga. App. 447 ( 398 SE2d 794 ). 2.	1	1993–1993
Barclay v. Florida green scotus · 1983 2 sentences 1986Cf. Barclay v. Florida, 463 U. S. 939 (103 SC 3418, 77 LE2d 1134) (1983). 1986Cf. Barclay v. Florida, 463 U. S. 939 (103 SC 3418, 77 LE2d 1134) (1983).	1	1986–1986
Calcutta Apartments Associates v. Linden & Deutsch green gactapp · 1974 2 sentences 1985Assoc. v. Linden & Deutsch, 131 Ga. App. 743 (1) ( 206 SE2d 559 )), which may be denied absent a showing of due diligence by the applicant (OCGA § 9-10-166), we find no abuse of discretion by the trial court in the denial of the requested continuance. 1985Assoc. v. Linden & Deutsch, 131 Ga. App. 743 (1) ( 206 SE2d 559 )), which may be denied absent a showing of due diligence by the applicant (OCGA § 9-10-166), we find no abuse of discretion by the trial court in the denial of the requested continuance.	1	1985–1985
Perdue v. Tyler neutral ga · 1978 2 sentences 1982Perdue v. Tyler, 241 Ga. 299 ( 245 SE2d 276 ) (1978). 1982Perdue v. Tyler, 241 Ga. 299 ( 245 SE2d 276 ) (1978).	1	1982–1982
Raybestos-Manhattan, Inc. v. Friedman green gactapp · 1981 2 sentences 1981Raybestos-Manhattan, Inc. v. Friedman, 156 Ga. App. 880 , 275 SE2d 817 (1981). 1981Raybestos-Manhattan, Inc. v. Friedman, 156 Ga. App. 880 , 275 SE2d 817 (1981).	1	1981–1981
Fain v. Moore green gactapp · 1980 2 sentences 1981Accepting appellant’s premise that Georgia law requires evidence of compliance with the standards of the medical profession generally and not compliance with local standards (Fain v. Moore, 155 Ga. App. 209 ( 270 SE2d 375 )), and assuming without deciding that testimony that a procedure was performed in accordance with standards of the medical profession in Georgia is testimony concerning a local standard, we are still unable to agree with appellant that appellee failed to present evidence of compliance with the appropriate standard of care. 1981Accepting appellant’s premise that Georgia law requires evidence of compliance with the standards of the medical profession generally and not compliance with local standards (Fain v. Moore, 155 Ga. App. 209 ( 270 SE2d 375 )), and assuming without deciding that testimony that a procedure was performed in accordance with standards of the medical profession in Georgia is testimony concerning a local standard, we are still unable to agree with appellant that appellee failed to present evidence of compliance with the appropriate standard of care.	1	1981–1981
Miller v. Turner green ga · 1972 2 sentences 1978The local requirement "effectively prevented [appellant from insisting on his § 10-402 statutory rights to a jury trial which arise] from filing exceptions to the auditor’s report within 20 days after its filing as is required by law.” Miller v. Turner, 228 Ga. 701 (2) ( 187 SE2d 688 ). 1978The local requirement "effectively prevented [appellant from insisting on his § 10-402 statutory rights to a jury trial which arise] from filing exceptions to the auditor’s report within 20 days after its filing as is required by law.” Miller v. Turner, 228 Ga. 701 (2) ( 187 SE2d 688 ).	1	1978–1978
Alaska Packers Ass'n v. Industrial Accident Commission green scotus · 1928 1 sentence 1929And see Alaska Packers Association v. State Industrial Commission of California, 276 U. S. 467 (48 Sup. Ct. 346), in which a person was employed by a fishing and canning company as a seaman, fisherman, and for general work in and about a cannery.	1	1929–1929
Millers' Indemnity Underwriters v. Braud green scotus · 1926 1 sentence 1929The court said: “Neither Rohde’s general employment nor his activities at the time had any direct relation to navigation or commerce,” and “under such circumstances regulation of the rights, obligations, and consequent liabilities of the parties, as between themselves, by a local rule, would not necessarily work material prejudice to any characteristic feature of the general maritime law, or interfere with the proper harmony or uniformity of that law in its international or interstate relations.” This ruling was followed in Millers’ Indemnity Underwriters v. Braud, 270 U. S. 59 (46 Sup. Ct. 19	1	1929–1929
Sanders v. Town Commissioners green ga · 1860 1 sentence 1908“The courts will not infer that the legislature intends to authorize a local departure from the general policy of the State, unless the local exception is expressed in specific terms.” Sanders v. Butler, 30 Ga. 679 ; Ordinary of Baldwin County v. Retailers, etc., 42 Ga. 325 ; Miller v. Shropshire, 124 Ga. 829 ( 53 S. E. 335 ); Watson v. Thomson, 116 Ga. 546 (42-S. E. 747, 94 Am.	1	1908–1908
Ordinary v. Retailers of Liquor neutral · 1871 1 sentence 1908“The courts will not infer that the legislature intends to authorize a local departure from the general policy of the State, unless the local exception is expressed in specific terms.” Sanders v. Butler, 30 Ga. 679 ; Ordinary of Baldwin County v. Retailers, etc., 42 Ga. 325 ; Miller v. Shropshire, 124 Ga. 829 ( 53 S. E. 335 ); Watson v. Thomson, 116 Ga. 546 (42-S. E. 747, 94 Am.	1	1908–1908
Watson v. Mayor green ga · 1902 1 sentence 1908“The courts will not infer that the legislature intends to authorize a local departure from the general policy of the State, unless the local exception is expressed in specific terms.” Sanders v. Butler, 30 Ga. 679 ; Ordinary of Baldwin County v. Retailers, etc., 42 Ga. 325 ; Miller v. Shropshire, 124 Ga. 829 ( 53 S. E. 335 ); Watson v. Thomson, 116 Ga. 546 (42-S. E. 747, 94 Am.	1	1908–1908
Southern Railway Co. v. Howard green ga · 1906 1 sentence 1908“The courts will not infer that the legislature intends to authorize a local departure from the general policy of the State, unless the local exception is expressed in specific terms.” Sanders v. Butler, 30 Ga. 679 ; Ordinary of Baldwin County v. Retailers, etc., 42 Ga. 325 ; Miller v. Shropshire, 124 Ga. 829 ( 53 S. E. 335 ); Watson v. Thomson, 116 Ga. 546 (42-S. E. 747, 94 Am.	1	1908–1908
Miller & Co. v. Shropshire neutral ga · 1906 1 sentence 1908“The courts will not infer that the legislature intends to authorize a local departure from the general policy of the State, unless the local exception is expressed in specific terms.” Sanders v. Butler, 30 Ga. 679 ; Ordinary of Baldwin County v. Retailers, etc., 42 Ga. 325 ; Miller v. Shropshire, 124 Ga. 829 ( 53 S. E. 335 ); Watson v. Thomson, 116 Ga. 546 (42-S. E. 747, 94 Am.	1	1908–1908
Mayor of Leesburg v. Putnam green ga · 1897 1 sentence 1899It was further ruled that the power to grant tavern licenses was not embraced in a general clause of a town charter conferring upon it the power of general legislation for itself; Judge Stephens assigning as a reason for the latter ruling that “The courts will not infer that the legislature intends to authorize a local departure from a general policy of the State, unless the local exception is expressed in specific terms.” In the case of Mayor of Leesburg v. Putnam, 103 Ga. 110 , it was held that neither the general welfare clause usually found in municipal charters, nor the special power “to	1	1899–1899

Where else courts name it

PA 198 (1925–2026) OH 194 (1974–2026) CA 179 (1915–2026) TX 85 (1944–2024) DC 80 (1955–2024) IL 75 (1969–2026) WA 59 (1922–2026) ID 55 (1980–2026) TN 51 (1967–2026) OR 46 (1926–2026) IN 44 (1950–2024) NM 39 (1948–2025) NY 34 (1915–2024) FL 33 (1920–2019) LA 31 (1943–2026) MD 28 (1959–2022) MO 27 (1960–2023) GA 22 (1899–2026) MI 22 (1928–2024) AZ 21 (1914–2026) VI 18 (2000–2026) WI 16 (1973–2023) MS 14 (1963–2019) CO 14 (1888–2025) AR 13 (1948–2025) MA 12 (1871–2018) KS 10 (1905–2019) KY 10 (1932–2025) IA 10 (1962–2017) MT 9 (1989–2025) MN 8 (1913–1997) NE 8 (1980–2020) WV 7 (1945–2014) NJ 7 (1965–2025) OK 7 (1943–2002) AL 7 (1939–2009) HI 7 (1923–2006) CT 6 (1984–2018) SC 5 (1976–2026) SD 5 (1991–2014) RI 5 (1982–2010) UT 5 (1994–2024) VA 5 (1988–2025) DE 4 (1996–2022) WY 3 (2021–2025) AK 3 (1980–2008) VT 3 (1913–2007) ND 2 (1983–2004) NV 2 (1993–2016) ME 2 (1877–1986) PR 2 (1944–1953)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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