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2018 Georgia Code 15-6-33 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-6-33 Case Law from Google Scholar Amendments to OCGA 15-6-33

TITLE 15 COURTS

Section 6. Superior Courts, 15-6-1 through 15-6-100.

ARTICLE 1 GENERAL PROVISIONS

15-6-33. Convention for recommending rules.

The several judges of the superior courts may convene at the seat of government once each year, at such time as they or a majority of them may appoint, for the purpose of recommending to the General Assembly the establishment of uniform rules of practice throughout the several circuits. Such rules so recommended by the convention of judges shall not become operative and of force and effect until enacted into law by the General Assembly.

(Laws 1821, Cobb's 1851 Digest, p. 460; Code 1863, § 3170; Code 1868, § 3181; Code 1873, § 3246; Code 1882, § 3246; Civil Code 1895, § 4332; Civil Code 1910, § 4861; Code 1933, § 24-2628; Ga. L. 1937, p. 464, § 1.)

Cross references.

- Administration of the judicial system and adoption of uniform court rules, Ga. Const. 1983, Art. VI, Sec. IX, Para. I.

JUDICIAL DECISIONS

Limitation on powers of judges to sit in convention.

- Any and all rights, powers, and authority of judges of the superior courts to sit in convention and as a convention of judges to establish "uniform rules of practice throughout the several circuits" could be no greater than was conferred by the statute authorizing such a convention and defining its powers. Jones v. Boykin, 185 Ga. 606, 196 S.E. 900 (1938).

Each judge should conform to the rules, whether the rules meet with the judge's approval or not. Wilson v. State, 33 Ga. 207 (1862).

Any action by convention cannot be taken or construed as orders of court. Jones v. Boykin, 185 Ga. 606, 196 S.E. 900 (1938).

Judges may amend rules the judges have established. Snipes v. Parker, 98 Ga. 522, 25 S.E. 580 (1896).

Construction placed upon rules by superior court is conclusive, unless clearly erroneous and injustice will result. Roberts v. Kuhrt, 119 Ga. 704, 46 S.E. 856 (1904); Frost v. Pennington, 6 Ga. App. 298, 65 S.E. 41 (1909).

Bar admission rules.

- Rules governing qualifications for admission to the bar cannot be accounted as rule of practice in superior court. Jones v. Boykin, 185 Ga. 606, 196 S.E. 900 (1938) (see now O.C.G.A. Ch. 19, T. 15).

Cited in Barfield v. State, 89 Ga. App. 204, 79 S.E.2d 68 (1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 45 et seq.

C.J.S.

- 21 C.J.S., Courts, § 178.

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