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O.C.G.A. § 9-11-83 — Local court rules | Georgia Code
O.C.G.A. § 9-11-83 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 9 GENERAL PROVISIONS

9-11-83. Local court rules.

Each court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with this chapter or any other statute.

(Ga. L. 1966, p. 609, § 83.)

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 83, see 28 U.S.C.

JUDICIAL DECISIONS

Substantive framework of chapter not to be contravened.

- Local practice rules, and even local statutes referring to specific courts, may control the flow of business, the hearing of cases, and other issues, but may not contravene the substantive framework of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9). Auerback v. Maslia, 142 Ga. App. 184, 235 S.E.2d 594 (1977).

Permissible not to require oral argument hearing unless requested.

- When O.C.G.A. §§ 9-11-56(c),9-11-78, and9-11-83 are considered in conjunction, it is permissible for court rules to provide that an oral argument hearing is not required unless the party requests a hearing. Dallas Blue Haven Pools, Inc. v. Taslimi, 180 Ga. App. 734, 350 S.E.2d 265 (1986), aff'd, 256 Ga. 739, 354 S.E.2d 160 (1987).

Cited in Siefferman v. Kirkpatrick, 121 Ga. App. 161, 173 S.E.2d 262 (1970); Newell Rd. Bldrs., Inc. v. Ramirez, 126 Ga. App. 850, 192 S.E.2d 184 (1972); Ambler v. Archer, 230 Ga. 281, 196 S.E.2d 858 (1973); McKinnon v. Trivett, 136 Ga. App. 59, 220 S.E.2d 63 (1975); Allstate Ins. Co. v. Reynolds, 138 Ga. App. 582, 227 S.E.2d 77 (1976); Miles v. Edgewood Chenille, Inc., 162 Ga. App. 168, 290 S.E.2d 494 (1982).

RESEARCH REFERENCES

C.J.S.

- 21 C.J.S., Courts, § 240 et seq. 35A C.J.S., Federal Civil Procedure, § 24 et seq. 35B C.J.S., Federal Civil Procedure, §§ 781 et seq., 789, 955, 1342 et seq.

Cases Citing O.C.G.A. § 9-11-83

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·Davis v. Gaona, 396 S.E.2d 218 (Ga. 1990).

Cited 4 times | Published | Supreme Court of Georgia | Sep 27, 1990 | 260 Ga. 450

...This court's order of April 13, 1988, approving Rule 1000 clearly approves this as a local rule and allows its adoption as a permanent local rule as opposed to an experimental program. Appellant's argument has no merit. Appellant notes that under OCGA §§ 15-1-5 and 9-11-83 local courts have the power to make local rules....
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Cited (see also)Focus Healthcare Medical Center, Inc. v. O’neal (2002)
phrase: "see also"
Cited as authorityEkereke v. Obong (1995)
Cited as authorityObong v. Ekereke (1994)

This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.