Rule 616-1-2-.16 - Motions(1) All requests made to the Court shall be made by motion.(a) Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefor, and shall describe the action or order sought.(b) A copy of all written motions shall be served in accordance with Rule 11.(c) Unless otherwise provided, all motions shall be filed at least ten (10) calendar days prior to the date set for hearing unless the need or opportunity for the motion could not reasonably have been foreseen. Such motions shall be filed as soon as the need or opportunity for the motion becomes reasonably foreseeable.(2) Except as provided in subsection (1)(c) of Rule 41, a response to a motion may be filed within ten (10) calendar days after service of the written motion. The time for response may be shortened or extended by the Court for good cause prior to the expiration of the response period.(3) Either party may request an expedited ruling on a motion.(4) All motions, and responses thereto, shall include citations of supporting authorities and, if germane, supporting affidavits or citations to evidentiary materials of record.(5) The Court, at its discretion or at the request of a party, may hold a hearing on any motion. (a) A request for a hearing on a motion must be made in writing and filed by the date the response to the motion is due.(b) The Court shall give notice of a hearing on a motion at least five (5) business days prior to the date set for hearing.(c) At the Court's discretion, a hearing on a motion may be conducted in whole or in part by telephone or other remote communication method.(6) The Court may order the submission of briefs or oral argument relative to any motion.(7) Multiple motions may be consolidated for hearing or prehearing conference.Ga. Comp. R. & Regs. R. 616-1-2-.16
O.C.G.A. §§ 50-13-13(a)(6); 50-13-40(c).
Original Rule entitled "Hearings for the Department of Public Safety" adopted as ER. 616-1-2-0.2-.16. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Motions" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.