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Call Now: 904-383-7448The rules of the respective courts, legally adopted and not in conflict with the Constitution of the United States or of this state, or the laws thereof, are binding and must be observed.
(Orig. Code 1863, § 198; Code 1868, § 192; Code 1873, § 204; Code 1882, § 204; Civil Code 1895, § 4044; Civil Code 1910, § 4641; Code 1933, § 24-106.)
- Rules of the Court of Appeals, promulgated by the court pursuant to the court's rule-making authority, are binding on those who practice in the court and must be observed. Crider v. State, 115 Ga. App. 347, 154 S.E.2d 743 (1967).
Construction placed upon the court's own rules by court is generally conclusive. Roberts v. Kuhrt, 119 Ga. 704, 46 S.E. 856 (1904).
Common-law rule may apply to equity case. Central Bank v. Johnson & Smith, 56 Ga. 225 (1876); Fletcher v. Renfroe, 56 Ga. 674 (1876).
Superior court rules may apply in city court. Chance v. State, 97 Ga. 346, 23 S.E. 832 (1895).
- If there was no pretrial order issued in a case, an amended complaint supported by affidavit which was filed and served on the day preceding the hearing could not properly be disallowed based upon untimeliness under the local rule. Gilbert v. Decker, 165 Ga. App. 11, 299 S.E.2d 65 (1983).
- Appellants successfully argued that the record was utterly devoid of any indication that the procedure in O.C.G.A. § 15-9-13 was followed in order to authorize the superior court judge to sit over the probate of the decedent's will. No written order was entered pursuant to Uniform Probate Court Rule 3 for the appointment of the superior court judge to act in the probate judge's absence. Thus, the superior court judge was not sitting over the probate proceedings in replacement for the recused probate court judge. Because the superior court lacks subject matter jurisdiction to hear the probate of a will, it follows that the judgment rendered by the superior court here was a nullity and void. Carpenter v. Carpenter, 276 Ga. 746, 583 S.E.2d 852 (2003).
Cited in Hill v. State, 73 Ga. App. 293, 36 S.E.2d 191 (1945); Bearden v. Nash, 88 Ga. App. 722, 77 S.E.2d 541 (1953); Barfield v. State, 89 Ga. App. 204, 79 S.E.2d 68 (1953); King v. Skinner, 101 Ga. App. 102, 112 S.E.2d 789 (1960); Cel-Ko Bldrs. & Developers, Inc. v. BX Corp., 136 Ga. App. 777, 222 S.E.2d 94 (1975); Perdue v. Tyler, 241 Ga. 299, 245 S.E.2d 276 (1978).
- Power of court to prescribe rules of pleadings, practice, or procedure, 110 A.L.R. 22; 158 A.L.R. 705.
Right to counsel in contempt proceedings, 52 A.L.R.3d 1002.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2013-07-01
Citation: 293 Ga. 300, 745 S.E.2d 605, 2013 Fulton County D. Rep. 2037, 2013 WL 3287143, 2013 Ga. LEXIS 596
Snippet: responsibilities for each parent.” See OCGA § 19-6-15 (1) (5). Thus, we find no abuse of discretion in the
Court: Supreme Court of Georgia | Date Filed: 2003-07-10
Citation: 276 Ga. 746, 583 S.E.2d 852, 2003 Fulton County D. Rep. 2182, 2003 Ga. LEXIS 636
Snippet: act in the probate judge’s absence.2 See OCGA § 15-1-5 (rules of the courts are binding and must be observed)
Court: Supreme Court of Georgia | Date Filed: 1990-09-27
Citation: 396 S.E.2d 218, 260 Ga. 450
Snippet: has no merit. Appellant notes that under OCGA §§ 15-1-5 and 9-11-83 local courts have the power to make